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I have a warrant for my arrest based on hearing notice of which I never recieved or knew of?

The court sent a hearing notice to an address that I did not give them, that same notice was never sent to the appropriate address in duplicate that they have on file--which I never changed. Can a warrant for my arrest be challenged on those grounds??

Update:

WTF--in regards to existing answers, for which I appreciate. What ever happened to being notified about a legal proceeding against you via certified mail or a process server??

5 Answers

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  • 1 decade ago
    Favorite Answer

    What you have is a called a Bench Warrant, for failure to appear.

    Bench Warrants are issued by Judges and Judges have a lot leeway in how they handle them, the issuing Judge can lift warrant at their discretion.

    It all depends on who you have for a Judge, many Judges will forgive the incident and lift the Warrant if you have a *good reason* explained to them by a lawyer.

    Can you Challenge the Warrant itself in a higher court?

    While any action taken against you by a Judge can technically be challenged in higher court, it would be *impossible* to challenge a Bench Warrant in a higher court without proving Judaical misconduct. Which obviously did not happen in your case.

    Clerical errors are not a reason to Challenge a warrant, a Warrant is procedural tool that forces you to appear before the court, which is well within a Judge's power to fulfill his obligations.

    So no, you cannot challenge a warrant in your case.

  • ?
    Lv 7
    1 decade ago

    You cannot challenge a warrant for your arrest. The court has ordered that you be arrested and that is what will happen. When you get into court is the time to mount any challenges - via your lawyer.

  • cantcu
    Lv 7
    1 decade ago

    Most law's read "last known address" so can you be arrested. Simply put, yes! You can challenge anything, but you are not going to win that one.

    I don't have a clue how many times that has been tried, but I would suspect it is thousands of times every day!

  • 1 decade ago

    No, best to just turn up at court and get the hearing over and done with rather than at a time when it's not convenient for you.

  • Anonymous
    1 decade ago

    yes u can .

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