Q: is there a way to get out of a bench warrant for missing a summons if it was withheld from you and knew nothing of them
My boyfriend currently has a warrant for missing two court dates form files charges against him from an ex and the summons went to her address and he was not told of them though she had contacted us after the fact about other things but did not mention the summons or had them sent to his new address
A:
There are steps that can be taken to avoid having to go into custody for this mix-up.
My best advice is to hire a lawyer, and then personally appear in court to address the situation with the judge or magistrate who issued the bench warrant. Until it is lifted, your boyfriend risks getting taken to jail if he has any run-ins with police, and sitting until the issue is resolved, which could take days.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.