Motion to Lift Bench Warrant

[ThisMyUsername]

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

Circumstances are such that I am ineligible for a public defender, but cannot afford an attorney myself. I have typed a motion to lift the bench warrant that was issued for my failure to appear at trial. It requests that execution of the bench warrant be held in abeyance until a hearing is scheduled on the matter and then the judge can decide whether or not to keep it. I understand I must have it filed and then serve the DA, but I believe it may be weeks before the judge hears the motion and schedules a hearing/signs the order that it is temporarily held in abeyance. I need the motion signed immediately so the warrant is not active, and then a hearing to be scheduled.

Do I file this as an emergency motion? If so, what does that mean? I called the clerk of courts office to ask this question, about filing an emergency motion, and the procedures, and they had no idea what I was talking about. They said I needed to file a motion, and it would take weeks if not months to be heard by the judge. Ideally, I'd like the judge to sign/hear it within a few days of my filing it so there is no bench warrant above my head.

Does anyone know of the procedure used to get a bench warrant lifted in Pennsylvania, or rather, in general?

Thanks

 

[sandyclaus]

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

Circumstances are such that I am ineligible for a public defender, but cannot afford an attorney myself. I have typed a motion to lift the bench warrant that was issued for my failure to appear at trial. It requests that execution of the bench warrant be held in abeyance until a hearing is scheduled on the matter and then the judge can decide whether or not to keep it. I understand I must have it filed and then serve the DA, but I believe it may be weeks before the judge hears the motion and schedules a hearing/signs the order that it is temporarily held in abeyance. I need the motion signed immediately so the warrant is not active, and then a hearing to be scheduled.

Do I file this as an emergency motion? If so, what does that mean? I called the clerk of courts office to ask this question, about filing an emergency motion, and the procedures, and they had no idea what I was talking about. They said I needed to file a motion, and it would take weeks if not months to be heard by the judge. Ideally, I'd like the judge to sign/hear it within a few days of my filing it so there is no bench warrant above my head.

Does anyone know of the procedure used to get a bench warrant lifted in Pennsylvania, or rather, in general?

Thanks

You could probably file it as an ex parte motion, but that will still require you to appear in court to argue the motion (since you don't have an attorney and are required to appear on your own behalf). There's also a chance that you could be arrested at the courthouse (seeing as there is an active bench warrant for your arrest).

So, what is the reason that you didn't appear at trial?

 

[Shannongiles16]

An attorney could file the motion without you risking incarceration but that costs money.

 

[OHRoadwarrior]

Generally, the procedure for a traffic type warrant is to save the bail and fine money, then call the court and ask when you can appear before the judge as a walk in. If you did something more severe, you have a bit more complex of a problem as they will likely require significant bond. Your "motion" by mail, will not be accepted, unless accompanied by a healthy check and received by a benevolent judge.