FTA Warrant 15 years ago

[Tchernoff]

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

Hi, I just found out I have a FTA warrant in another state from 15 years ago. Nobody has been looking for me all these years. Police have pulled me over and looked me up and never said anything. Passed background checks. Nothing. But apparently I won't be able to renew my driver's license without resolving this issue, so I've started the process of contacting the court and possibly an attorney if it's not too expensive. What are my options here?

The court's clerk said I can:
1) show up and turn myself in
2) write a letter to the judge
3) possibly contact the prosecutor

I would be happy to simply show up at the court (without getting arrested) and resolve the issue, but I have no incentive to travel to another state and turn myself in for arrest and jail time over something that has long since been forgotten. I was advised that writing a letter to the judge would be a waste of time, as they are usually thrown out unread. To that end, I contacted the prosecutor. She had to look hard to find my case, but eventually got back to me and said I would need to turn myself in on the warrant if I wanted to resolve the issue. I asked about "quashing" or "recalling" the warrant, and she hinted it might be possible, but said she can't advise me in legal matters since she's not my attorney.

Since then I've tried contacting attorneys in MI, but it's been a fruitless endeavor. They either don't have free consultation or a few of them have said they will handle the case for $1,500 or $2,000 (I know these cases can be handled for as little as a few hundred or nothing, if I even need a lawyer at all). One very nice lawyer advised me during a free consultation that he's surprised the court would even still want to pursue the matter, and that it might be possible to resolve everything as a civil matter. He said he would contact the prosecutor himself and call me back the next day, but that was a week ago and I haven't heard back anything since.

What I'd really like to do is have the warrant recalled and schedule a court date so that I only have to travel to MI one time to resolve the case. In lieu of that, I'd be willing to show up at the court and have the magistrate recall the warrant, and schedule me for another court date which I could return for and resolve the case. Is this possible? Thank you in advance.

 

[Silverplum]

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

Hi, I just found out I have a FTA warrant in another state from 15 years ago. Nobody has been looking for me all these years. Police have pulled me over and looked me up and never said anything. Passed background checks. Nothing. But apparently I won't be able to renew my driver's license without resolving this issue, so I've started the process of contacting the court and possibly an attorney if it's not too expensive. What are my options here?

The court's clerk said I can:
1) show up and turn myself in
2) write a letter to the judge
3) possibly contact the prosecutor

I would be happy to simply show up at the court (without getting arrested) and resolve the issue, but I have no incentive to travel to another state and turn myself in for arrest and jail time over something that has long since been forgotten. I was advised that writing a letter to the judge would be a waste of time, as they are usually thrown out unread. To that end, I contacted the prosecutor. She had to look hard to find my case, but eventually got back to me and said I would need to turn myself in on the warrant if I wanted to resolve the issue. I asked about "quashing" or "recalling" the warrant, and she hinted it might be possible, but said she can't advise me in legal matters since she's not my attorney.

Since then I've tried contacting attorneys in MI, but it's been a fruitless endeavor. They either don't have free consultation or a few of them have said they will handle the case for $1,500 or $2,000 (I know these cases can be handled for as little as a few hundred or nothing, if I even need a lawyer at all). One very nice lawyer advised me during a free consultation that he's surprised the court would even still want to pursue the matter, and that it might be possible to resolve everything as a civil matter. He said he would contact the prosecutor himself and call me back the next day, but that was a week ago and I haven't heard back anything since.

What I'd really like to do is have the warrant recalled and schedule a court date so that I only have to travel to MI one time to resolve the case. In lieu of that, I'd be willing to show up at the court and have the magistrate recall the warrant, and schedule me for another court date which I could return for and resolve the case. Is this possible? Thank you in advance.

You want, you want, you want.

Not to pay an attorney for his/her work
Not to be arrested
Not to make a lot of effort
Blah, blah, blah.

 

[Zigner]

...but I have no incentive to travel to another state and turn myself in for arrest and jail time over something that has long since been forgotten.

Apparently, it hasn't been forgotten.

Pay an attorney - really.

 

[Tchernoff]

You want, you want, you want.

Not to pay an attorney for his/her work

That's not true. First of all I want to know if an attorney is even needed, as I cannot afford to pay an attorney for services that are not even necessary. Who would? If the attorney cannot get the warrant recalled, then there is no reason for me to hire one. It's that simple.

Second, if an attorney can help me, I would be more than happy to pay them a fair price, which I know is no more than a few hundred at most. $1,500-$2,000 is not the market price for a phone call or two and one brief court appearance.

Not to be arrested
Not to make a lot of effort

I have no incentive to turn myself in, as quite obviously nobody is looking for me and nobody cares. The prosecutor couldn't even find my case on her first few searches.

On the contrary, I am the one reaching out and trying to resolve this issue of my own volition. How is that 'not making a lot of effort'?

Blah, blah, blah.

Are you an attorney? Your tone is extremely unprofessional and disrespectful. I have no problem listening to advice even if it's contrary to what I want to hear. Disrespect is something else entirely.

 

[Zigner]

How did this come up? Oh yeah, you need to renew your license. You've also opened the can of worms. I wouldn't expect that nobody will ever look for you.

I'd also like to point out that your idea of a "fair" price may, in fact, be vastly different from the actual "fair" price.

 

[xylene]

I have no incentive to turn myself in,

Except that whole losing your driving privileges thing.

 

[Tchernoff]

How did this come up? Oh yeah, you need to renew your license. You've also opened the can of worms. I wouldn't expect that nobody will ever look for you.

I live in the city and can take public transportation as I have for many years. I don't have a criminal record and don't want one. If my only options are to (1)continue going about with my normal life, or (2)voluntarily travel to another state where nobody is looking for me and ask to be arrested, thrown in jail, and given a criminal record ... then what sane person would ever choose option #2?

Especially since the prosecutor has already agreed to basically dismiss the original misdemeanor case?

I'd also like to point out that your idea of a "fair" price may, in fact, be vastly different from the actual "fair" price.

That's true, I could be wrong. But respectfully, I don't think so.

 

[Zigner]

I live in the city and can take public transportation as I have for many years. I don't have a criminal record and don't want one. If my only options are to (1)continue going about with my normal life, or (2)voluntarily travel to another state where nobody is looking for me and ask to be arrested, thrown in jail, and given a criminal record ... then what sane person would ever choose option #2?

Especially since the prosecutor has already agreed to basically dismiss the original misdemeanor case?

I'd also like to point out that your idea of a "fair" price may, in fact, be vastly different from the actual "fair" price.

That's true, I could be wrong. But I don't think so.[/QUOTE]

Get an attorney to help.

 

[xylene]

I would expect, and be willing to pay handsomely to secure my driving privileges (even if I didn't 'need' them) and more so to avoid the circumstances in your #2 happening beyond my control.

Maybe you like living under the threat of arrest, effectively exiled from interstate travel...

 

[Tchernoff]

Get an attorney to help.

OK thank you for your responses, Zigner. That's what I'm trying to figure out is whether or not I need an attorney. The original case was a misdemeanor moving violation when I was in college. I did not have reliable transportation, but nevertheless was able to make it back to MI several times for the court appearances and pretrial conferences. Since I was broke and in college at the time, I asked for a public defender, who I never met, and wound up handling everything myself with the assistant prosecutor during our pretrial conference. We agreed to a plea deal, which would have resulted in the case basically being dismissed if I didn't get in trouble again for 6 months, or a year, whatever it was. All I had to do was show up for the last court date to finish the case, but my unreliable transportation fell apart at the last minute, I missed the court date and panicked, and the case has been unresolved since.

I did not know there was a warrant until recently. As I mentioned, over the years I had been pulled over and never arrested or had it mentioned to me. I've passed background checks. It's never come up until now. I have already talked to the prosecutor and she has already agreed to honor the original plea if I return to court.

In that sense, I don't need a lawyer to resolve the original outstanding case. I am only looking for one to recall the warrant. If a lawyer cannot be reasonably expected to help me do that, it is useless for me to hire an attorney in this matter. If it's something that a lawyer can be reasonably expected to do, I would be more than happy to hire one. That's all I'm trying to find out.

 

[Zigner]

I have already talked to the prosecutor and she has already agreed to honor the original plea if I return to court.

Then why are we here?

 

[Tchernoff]

Then why are we here?

Because of the FTA warrant. I'm trying to find out if I can:

1) Show up to the courtroom and speak to whomever, have the FTA warrant recalled without being arrested, and schedule another court date to close out the case with the prosecutor as she's already agreed

2) in lieu of that, hire an attorney who can get the warrant recalled, and schedule another hearing, so I only have to travel to MI one time (and also not be arrested)

But if an attorney cannot recall the warrant, there is no point to me hiring one. Does it make sense? Sorry if I have confused anyone.

 

[Zigner]

Because of the FTA warrant. I'm trying to find out if I can:

1) Show up to the courtroom and speak to whomever, have the FTA warrant recalled without being arrested, and schedule another court date to close out the case with the prosecutor as she's already agreed

2) in lieu of that, hire an attorney who can get the warrant recalled, and schedule another hearing, so I only have to travel to MI one time (and also not be arrested)

But if an attorney cannot recall the warrant, there is no point to me hiring one. Does it make sense? Sorry if I have confused anyone.

I suspect that the warrant will "disappear" once you appear on the original charge. I'm not sure why you think you'll be making multiple appearances. Contact the prosecutor and schedule a time to appear.

 

[Tchernoff]

I'm not sure why you think you'll be making multiple appearances.

I was worried if I show up to court without being scheduled, they might file me for another date and I would have to return. Or worse, they would arrest me and throw me in jail, and schedule me for more hearings.

 

[xylene]

Prosecutors say a lot of things.

You are a 15 year absconder. Only in your mind does that long passage of time make the circumstances more favorable to you.

You really need a lawyer to assist you with your warrant and your case. I have no idea why you think this would or should cost less than 500 dollars. Or why you think there is no point in hiring one.