I have proof that charges filed against me are false and I want the arrest warrant recalled; what steps can I take?
I do not reside in the state of Georgia where the warrant is issued, and I want to resolve the matter without flying to Georgia as the plane ticket and travel are more than the alledged offense. Afterwards I want to sue the people who filed the complaint.
It's for a check.
White Collar Crime Lawyer
I can give you a general response because I am not qualified to practice in Georgia. In general you would have to convice the prosecutor to dismiss the charge against you which would, in turn, require the Court to cancel the warrant. However, this is something you should not attempt on your own. Right now, there are criminal charges pending against you and anything that you say could, and probably would, be used against you. It is a lot easier to talk yourself INTO trouble than to talk yourself out of trouble. An experienced criminal defense attorney would be able to present information to the prosecutor to show that the charges are unjust. The attorney as your go between could assure that your statements would not be used against you. Of course, there is a chance that other information provided to the prosecutor would be used against you. A qualified attorney can advise you on this after interviewing you about the facts of your case.
Do not expect that an attorney will agree to represent you on the criminal case in hopes of getting paid when you win your lawsuit against the complainant. In many jursidictions, it is unethical for an attorney to accept a contingency fee for representing someone in a criminal case. Violating that rule could get an attorney disbarred. Contingency fees also would interfere with an attorney advising a client to accept a plea offer since by doing so the attorney would not get paid.
Finally, do not ignore this warrant. An outstanding warrant would be discovered if you attempted to enter or even leave the United States or if you get arrest for another offense or even stopped for a speeding ticket. It would also interfer with your ability to get bail if you are arrested on another charge. As you know you don't have to be guilty to be arrested!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
2 found this helpful
As someone who has represented clients in your situation, I can tell you that you certainly want to get this taken care of as soon as possible. Do not wait until you are taken into custody when the police run a check on you at a traffic stop.
An attorney can work with the prosecotors here in Georgia to try and work out a favorable resolution to your situation.