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Blog · November 16, 2015

Can you be Arrested at a Hearing on a Motion to Quash a Bench Warrant? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can you be arrested on a motion to squash bench warrant hearing?  My cousin was arrested on felony charges last year (grand theft 3rd degree), she got into some sort of pretrial diversion program but wasn’t able to complete it, a court date was set after her failure to complete the program, she missed it (4 months ago) and a bench warrant was issued. Her State appointed attorney filed a motion to squash such warrant and there’s a hearing in a few days. She has a prior for petit theft (recent, misdemeanor), can she be taken straight to jail if the judge denies her motion? What can she expect? Thanks!


A:     Chosen as “Best Answer” by Asker on www.AVVO.com

Locally licensed lawyer

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Best Answer
chosen by asker
Answered . Yes. On a showing of good cause the Judge can, and probably will, set-aside the warrant without taking your cousin into custody. However the Judge is not obligated to set aside the warrant and s/he is free to take your cousin into custody.

That said most of our local 305 Judges are tolerant and will accept a mea culpa from a repentant Defendant who humbly appears, acknowledges their error and promises not to screw up again.

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.) less

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Asker
Posted about 10 hours ago.
Thank you very much for your answer, pretty clear and extremely helpful
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 10 hours ago.
I aim to please!

You’re welcome.

And thank you for the ++ + feedback!

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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