Skip to content

Call me confidentially at 1-888-

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

Q:     What happens in a hearing when a motion a motion to set aside a bench warrant as been filed?  I‘m just curious about what happens in a hearing to set aside a bench… Scroll down to read more!

April 25, 2015 / Michael A. Haber /
Q:     What happens in a hearing when a motion a motion to set aside a bench warrant as been filed?  I‘m just curious about what happens in a hearing to set aside a bench warrant? I realize a ex friend of mine had a warrant out for her arrest since September of last year and now she is trying to get it resolved…in the docket it said that she was driving with a out of state driver’s license while fl driver’s licenses was suspend and prior to that she also got caught again. A warrant was issued with a 2000 dollars bond for failure to appear. So I would like to know what usually happens in the hearing and what are the chances she might end up in jail or pay a fine? she was also caught without insurance and a valid registration.



A:      Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/what-happens-in-a-hearing-when-a-motion-a-motion-t-2157593.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

3 lawyers agreed with this answer

James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Jordan Stuart Redavid
Jordan Stuart Redavid
Criminal Defense Attorney – Miami, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL

” href=”http://www.avvo.com/legal-answers/what-happens-in-a-hearing-when-a-motion-a-motion-t-2157593.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>3

Lawyers agree
Best Answer
chosen by asker
Answered . She can either post the $2,000.00 bond (which will automatically quash the warrant) or she can appear before the Court and ask that it be set aide.

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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Warrant #BenchWarrant #Capias #AliasCapias #SetAside #Quash 

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.

12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
Phone: 1-888-742-7581|
Secondary phone: 305-381-8686
Email: sharky910@aol.com

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

Categories

Recent Posts

Archives