Fuquay-Varina, NC asked in Criminal Law and DUI / DWI for Alabama

Q: Can a lawyer have an arrest warrant recalled in Alabama If I do not live in the state? Please read below.

Long story short, I was visiting family in Alabama last Janurary and I was arrested for a dui. I went to municipal jail, bonded out, and immediately retained council. My court date was pushed off several times, this was frustrating because I live out of state, and had to keep changing arrangements. Then a couple months ago the county sheriff showed up at my fathers house looking for me on a warrant with the county. I spoke to my lawyer, and he looked into what was going on. They had upped my dui to a felony dui, and it was transferred to the county. Now I’m told that I have to go to Alabama and turn myself in, post bond again (still haven’t received my prior bond back) to receive a court date. Is there no way for my lawyer to put a motion to recall the warrant and I pay the bond online or send a cashiers check in? I own a business, I’m married, have a toddler, and another child on the way, and this is a very stressful situation on my family right around Christmas time.

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Alabama, if you have an arrest warrant, your lawyer can file a motion to recall it, presenting factors such as the reason for the warrant, any hardship you face, your willingness to appear in court, and the risk of flight. If granted, the warrant is recalled, and you can address the charges at the scheduled court date. If the motion is denied, alternative arrangements can be explored, like a bonding agent posting bail in Alabama or remote court appearances via videoconference. The best course of action depends on case details, judge rulings, and your lawyer's assessment, so discuss options thoroughly with your lawyer. Ensure they have all necessary documents, stay proactive in communication, and provide requested information promptly.

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