Can I get a warrant lifted without turning myself in?
Its possible, but very difficult to pull off. First, it depends on the type of warrant. Arrest warrant? Bench warrant? Judge only bench warrant? Probation violation? Absconder warrant from probation or parole? Contempt?
If it is a bench warrant, judge only bench warrant, probation warrant, or absconder warrant, we can file a motion to have it lifted by a judge, get the court date for the motion, and have you present in the room. This does NOT mean the judge on the day of the motion won't lock you up, it just means you can go face the judge in person from the street and we convince the judge to not lock you up. Some judges do not go for this procedure and will order you in contempt and lock you up anyway.
If the warrant is for an arrest warrant, you cannot file the motion. You must turn yourself in an be processed.
Two exceptions to everything from above. First if you are severely disabled, we may be able to call the DAs office for you and avoid a turn in.
Second, if you are in custody in another jurisdiction, we may be able to file a motion to have any type of warrant administratively removed.
Labels: arrest warrant, bench warrant, judge only bench warrant, probation, warrant