When it comes to legal matters in Louisiana, one area that often causes confusion and concern is the issuance of bench warrants. As a criminal defense Lawyer, Moisant Law Firm is committed to clarifying the legal process for our clients.
What is a Bench Warrant?
A bench warrant is an arrest warrant that is issued directly by a judge when an individual fails to comply with any court order, including failing to appear for a scheduled court date, not responding to a citation, or neglecting to pay court-ordered fines. Unlike traditional arrest warrants that are issued as part of criminal investigations, bench warrants are typically procedural and directly related to court administration.
In Louisiana, a bench warrant grants law enforcement the authority to find and arrest the individual named in the warrant. This can lead to an arrest at any time or place, which can be a stressful experience. You could potentially be arrested during a routine traffic stop or even at your place of employment.
The Consequences of a Bench Warrant
The repercussions of having an active bench warrant can be significant and include:
Immediate arrest and possible jail time
Increased bail amounts for future court appearances
Additional charges related to failing to appear in court
Suspension of driving privileges
Complications in securing employment or housing
How to Recall a Bench Warrant in Louisiana
Fortunately, there is a legal process to recall, or quash, a bench warrant, which effectively cancels it. The team at Moisant Law Firm has extensive experience in assisting clients with this process:
Seek Legal Counsel: The first step is to consult with an criminal defense attorney who is well-versed in Louisiana's legal system.
Address the Initial Issue: It's crucial to understand and address the reason behind the bench warrant's issuance, whether it was a missed court appearance or unpaid fines.
File a Motion to Recall the Warrant: Your criminal defense attorney will draft and file a motion with the issuing court to request the recall of the warrant. This motion should explain why the warrant should be lifted and may include supporting documents or statements.
Schedule a New Court Appearance: If the court agrees to consider the motion, you will be given a new court date. It is imperative to attend this hearing to avoid further legal complications.
Resolve the Original Matter: With the warrant recalled, the underlying legal issue must be addressed to prevent future warrants from being issued.
Why Trust Moisant Law Firm?
At Moisant Law Firm, we understand the anxiety that accompanies a bench warrant. Samantha Moisant is a well versed criminal defense attorney in the New Orleans, LA area.
If you or someone you know in Louisiana is facing the challenges of a bench warrant, don't hesitate to contact us. We are prepared to help you through the process. Taking immediate action, you can reduce its impact on your life. Reach out to Moisant Law Firm today, and let us help you set things right.
Disclaimer: The information provided in this article is for educational purposes only and should not be construed as legal advice. Each case is unique, and we recommend consulting with an attorney for advice tailored to your specific circumstances.
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