Bench Warrants

[Statefan2000]

What is the name of your state (only U.S. law)? IN

I currently have a bench warrant in another city that is approximately 4 hours from where I am currently located. The warrant is for failure to appear on a misdemeanor violation of a protective order. The problem being that my ex-wife is dating a sheriff that is personally making attempts by going to relatives and known peoples addresses to serve this warrant. My first question is: Is this legal? Is there anything I can do to expose his obvious bias? My second question: Is a motion to quash my best interest in the matter?

 

[justalayman]

Is a motion to quash my best interest in the matter?

Did you violate the order? If so, the best way to take care of the matter would be to turn yourself in.


There is nothing improper about a LEO asking the people who would most likely know where you may be in order to serve the warrant.

 

[Statefan2000]

I'm not even entirely sure what LEO stands for. I know that he is a sheriff in the county where the warrant was initially issued. I know that he is doing this out of spite and several people have relayed this information. I guess a better question would be: Would they so judiciously attempt to serve this warrant if he weren't leading the charge. To answer the question no I didn't violate the order.

 

[justalayman]

LEO= law enforcement officer

Would they so judiciously attempt to serve this warrant if he weren't leading the charge.

In some areas, yes. In others, no. A lot would depend on the seriousness of the original claims used to support the request for the RO and what the violation entailed.


The fact there is an RO means the court did see you as a threat to ex. Even when an RO is granted as an ex parte action, there is a hearing to allow the restrained person to defend their position. If the initial claims cannot be shown to be true, the court will vacate the RO.

bottom line: whether he is being aggressive in serving the warrant or not is irrelevant. A LEO has the duty to serve such warrants. How much vigor is used in performing that duty is not a matter the law would control as long as the LEO acted within the law.

Since you are aware there is a warrant, rather than getting arrested during a traffic stop or while at work, you might consider being proactive and hiring an attorney to see if bail can be arranged prior to you turning yourself in. That way you might be able to do a walk through when arrested.

You are not going to be able to quash the warrant. A judge apparently saw enough evidence to justify the warrant. As such, you will have to deal with at and defend yourself.

 

[Statefan2000]

Do you think anything could become of me contacting Internal Affairs? If so, that's an option that I would like to exercise. If I hire an attorney regarding the matter is it possible for them to have the warrants "dropped"? I know you referenced being able to utilize a "walk through". Could you go into a little more detail? Thanks again.

 

[justalayman]

unless you are some high profile loaded with money person, you are not going to get the warrants quashed, dismissed, recalled, or anything else that means they are dropped. It just doesn't work like that. If they judge determined there was just cause to issue the warrant, s/he will want to hear your defense. They will serve the warrant either by catching you out in public or you turning yourself in.

a walk through is where bail/bond is determined prior to showing up and you have the bail/bond posted basically as soon as you are booked. So, you turn yourself in, you are booked, bail/bond is paid and you walk out. Not always a possibility but can sometimes be arranged.

 

[Statefan2000]

Just curious, are you an attorney? You seem to have quite a bit of knowledge regarding the matter. In your opinion would it be worth the money to hire an attorney in regards to the warrants? If I were to just turn myself in what are the procedures in that instance? I read online that the reason it's titled "Bench Warrant" is that they take you directly in front of the judge regarding the issue.

 

[justalayman]

No, I am not an attorney. Just a bored person that reads a lot.

It being a bench warrant has nothing to do with how quickly you would face a judge. It merely means you are ordered to appear before the bench (that the judge presides over).


How quickly you would face a judge would be dependent on the local system. In my area, there are no night courts so if you got arrested any time after 3 or 4, you aren't going to see a judge until at least the next morning. Some larger areas have night courts so it would be possible to see a judge sooner. I don't know if you would necessarily but it is a possibility.

a lawyer generally knows how to navigate the system and as such, knows who they can talk to to find what information. That often makes it a good idea to hire a lawyer.

At least speak with one. Many will give you at least an initial interview without charge. They might actually be able to explain what the processes are in the court involved and how quickly you might be able to get out.

 

[Statefan2000]

Well, I def appreciate the knowledge. Thanks again and I'm fairly certain as to what I need to do now.