My boyfriend had a court date on 11-13-17. However he has been incarcerated since 9-6-17 in a different county from where the court date was. Weeks before the court date he did inform the court that he was incarcerated in a different county. A warrant has since then been placed out for him with felony failure to appear. What can we do?
Provide documentation to the court which issued the warrant to show he physically could not appear in court. The court will likely advise you that you will an attorney to help you in this process. I’d advising hiring an attorney to explain the process of doing this and helping you get the warrant recalled.
If he has proof that he was incarcerated, he can get an attorney and go into the court prior to surrendering on the warrant. The attorney can address the judge and explain that he was in jail. The court should recall the warrant. I wouldn't wait too long if he's now out of custody. It's more likely to be recalled if he can show the judge that he just got out and is now here to address the warrant. if he stays out for a long time and then gets picked up the judge might not care that he was locked up on the court date if he ignores the warrant when out of custody.
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