What is the protocol to get a Bench Warrant Set-Aside? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

The point of filing a motion a motion to set aside a bench warrant is to, hopefully, avoid having to post the bond (note that in many cases there is no bond associated with warrants, leaving the subject no option but to appear, whether on one’s own accord, voluntarily through the front door of the Courtroom, or involuntarily, and “through the back door” in cuffs), and to humbly ask the Judge to give the Defendant a “do-over”.

Every case and every Judge are different (and Judge’s moods can swing like a pendulum from day to day) so there’s no telling what will happen in a given case (“expect the unexpected” I always say) but, here in the 305, where I’ve been practicing for almost a quarter of a century, most all County Court (criminal traffic) Judge’s will set aside a FTA (failure to appear) Bench Warrant where the Defendant voluntarily appears in Court. (Note that some may make her do a Mia Culpa, others not, but either way so long as she takes it to the Judge – as opposed to her being taken to the Judge – then the odds for a favorable outcome are excellent).

Note that setting aside the warrant is important but she still has a case and she needs to defend it.  Further, many Judge’s will take the opportunity og “doing her a favor” to squeeze a favor out of her – i.e. to get her to close her case then and there (as that drops the Judge’s audit by one (1), and every case on a Judge’s audit counts).  In that regard she should not being going in alone and should have a skilled and experienced criminal defense lawyer with and working for her.

I hope that I have been helpful in answering your question.