Murfreesboro, TN asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Tennessee

Q: Can someone be arrested on a bench warrant if they were incarcerated already on their court date?

So, someone I know got a speeding violation back in 2021 that required a court appearance. However, shortly after receiving the violation, they were incarcerated and put in prison for two years. Because of this, they were unable to attend their court date. Now, the day they were supposed to be released, we were told that they had a warrant for their arrest (a FTA bench warrant) and it's keeping them from being released. Is this a legal charge? Is there a way that it can be quashed and they still be released?

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Your Friend needs an attorney to represent him. This happens alot, and until a lawyer works it out in both jurisdictions, the defendant remains incarcerated. Possibly motions will need to be filed and argured.

1 user found this answer helpful

Randy Bryan Ligh
Randy Bryan Ligh
  • Criminal Law Lawyer
  • Baton Rouge, LA

A: I agree with attorney Avery. Part of hiring an attorney would be for the attorney to get the client's outstanding bench warrant resolved so that the holds on the defendant are lifted-----whether this means getting the defendant transferred to that court to answer the bench warrant or perhaps fdue to the age of the age of the ticket, somehow getting it resolved where the hold is lifted. Good luck.

Anthony M. Avery agrees with this answer

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