If you have missed your court date due to unavoidable circumstances, the judge is likely to have issued a warrant against you. Even if you might think that you can write a letter to the judge where you explain the reasons why you did not attend the court, the reality is that the judge would not consider such a letter. Thus, it is not legally possible for you to write a letter to judge to request removal from warrant. However, there are things you can do to get warrant removed as detailed below.
Removing A Bench Warrant
The only way you are going to be able to remove a bench warrant is by personally appearing in the court, or having your attorney appear on court on your behalf.
In the event that the warrant involves a felony, your attorney cannot appear to the court on your behalf. You will have to personally appear to the court.
In case the warrant was incorrectly served, you can have the warrant cleared.
When you present yourself in court in response to a warrant that has been issued, you could; be released with a warning, imprisoned with no bail, or be ordered to pay a specific amount as bail and you are only going to be released once the bail has been paid.
In case your arrest was by a peace officer, you have to be presented to the judge who issued the warrant even you still have the option to request that you are presented to a judge from the county were arrested or a county where the warrant was given. However, if your warrant is due to missed sentencing, then you will have to be presented to the judge who was to sentence you.
When presenting yourself to the court, it is always important that you have your attorney accompanying you. The reason why that is the case is because when the attorney accompanies you, you show the bench that you know you are serious with the court even if you failed to appear. Moreover, the attorney will also be there to answer any questions that could be asked and also explain the reasons why you missed to attend the court session. Apart from that, the attorney is going to present your case and also request for your release or for a low bail amount.
Some of the common reasons that judges had in the past listened to and either released those who had warrant or asked for low amount bails are:
- The letter containing notice to appear was mailed to the incorrect address
- All conditions set on probation were completed and you were not aware that you were still required to appear in court
- You moved houses before the notice was sent
- Due to illness, you ended up missing a drug test – ensure you have medical reports with you
- You thought that charges which had been filed were dismissed
To remove the warrant, consult your attorney and then present yourself to the court. You will get the warrant removed if you have a valid. Do not bother writing any letter to the judge since the judge will not consider that letter.
