How soon can a criminal defense lawyer get an arrest warrant put aside for failure to appear in court for DWLS?
9 attorney answers
A motion to have the capias recalled will have to go before a Judge. I suggest you hire an attorney quickly as you can be arrested if pulled over, etc.
You have to appear in front of the judge and no judge will withdraw a warrant unless the person wanted is standing before them. It will depend upon the judge's calendar and the attorneys ability to get the defendant in front of the judge. Your attorney may be able to handle your case at the motion to withdraw the warrant.
This type of motion can usually be filed and heard in about 1 to 3 working days. The quicker you get this done, the better it will look to the judge that is assigned to handle your case - and will make you feel better knowing that the police will not be coming to arrest you.
It depends on the Judge but many judges will lift the warrant as soon as they see that you have retained an attorney for the matter or have brought the matter before the court on a Motion To Withdraw Capias / Warrant. Speak to an attorney because without an attorney you are going to jail to be booked and processed.
A criminal defense lawyer, privately retained, can potentially get this done with a motion and a hearing as soon as time will permit.
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The answer to you question really is specific to the Judge who signed off on your warrant. Yes, it is possible for your attorney to make a phone call and get it pulled, or an email or go to court with you on the next court calendar and have your warrant pulled And this could happen within days. But there is an easier way to handle this. You state that your bond is $1,000. If this is your bond for the FTA then you should report to your local law enforcement agency or the county jail and post bond. I take it that if you can afford an attorney, you can probably afford the $100 it will lake to hire a bondsman. If you go there with your bondsman, you won't have to spend the night in jail. You'll just be processed and released. You should also realize that there is no such thing as a criminal infraction in Florida. The statute that governs FTAs states that you can be punished separately for the FTA up to the maximum sentence as is your underlying case. If you DWLS is a second degree misdemeanor your FTA can be punished by up to 60 days in the county jail. However, if you were convicted of the first DWLS your new DWLS should be charged as a first degree misdemeanor and the FTA could be punished by up to a year in the county jail.
If you retain the right attorney, anywhere between 24 to 48 hours, depending on the judge and the backlog on the calendar.
Then the case must be defended. There are many ways to beat a case of driving while license suspended here in Miami Dade County.
You should contact one of us immediately for instant results.
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If you hire an experienced attorney, you can get on the docket very quickly. This is important, because the quicker you set a motion to withdraw a capias, the more likely a judge will grant the motion. You should call an attorney immediately.
Generally, warrants must be lifted by appearing in front of the judge. The timing to get the warrant removed will depend on the judge, his calendar and how fast he will permit the motion to remove the warrant to be heard.Often between a day or two to a week or two. Depends on the jurisdiction and the case load the judge carries.I recommend that an attorney be hired to assist you.