If a lawyer files to get an old misdemeanor warrant recalled from 20 years ago, and the judge agrees to let it be recalled, what happens then? My lawyer says it is up to the judge to decide whether to drop the old charges or not and is seeking to get us on the docket. What may I expect?
No one can answer these questions better than your own lawyer, who should have a much better grasp on the facts of the underlying case. Sounds like he or she has given you good advice so far.
This advice is not intended to nor does it create an attorney-client relationship. Please be advised that every case is different, and while any answers given here may be a helpful guide, they are no substitute for one-on-one, in-depth legal advice related to your unique situation. Please always consult fully with an attorney in your area.
You really need to ask your own lawyer any questions that you might have. When you have an attorney already working on the case, rely on the attorney instead of giving strangers on the internet nowhere near enough of the circumstances, nto even the charge, and expecting a complete answer.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
A case from that long ago MAY be difficult to prosecute (availability of witness, arresting or citing officer, etc), but that doesn't mean that it automatically goes away. Having a warrant recalled simply means that your attorney has gotten your case back on the docket. If you have gone through the trouble and expense of hiring an attorney, the best suggestion any of us can give you is to make he or she earn their fee and explain it to you personally.
No attorney-client relationship has been created by answering this question. I make no guarantees as to the accuracy of any information I contribute in answering any inquiry on Avvo and I strongly encourage all concerns be addressed in the private counsel of an attorney personally contacted and retained.
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