Can an attorney dismiss or recall an old reactivated warrant for elderly resident who cannot travel? 3 Answers as of May 07, 2014

Unknown charges or warrant was for an old NY resident who moved to NJ years ago. Warrant or charges were reactivated to keep person from winning case against NJ police.




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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Sorry but this question makes no sense. Warrants are never deactivated.
Answer Applies to: New York
Replied: 5/7/2014
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
The general answer is no. A warrant is for a person's failure to appear in court when told to, so it can only be vacated once the person goes before a judge. Might there be a circumstance where an attorney can get it vacated? Yes for example I had a client overseas who was never coming back to the country and the clerk was nice enough to pull the case for me and I got the warrant expunged and a dismissal of a minor marijuana charge. Also if the warrant was for failure to pay a fine, perhaps a clerk would agree to pull the case if the fine was being paid. However, without knowing what the warrant is for, and calling the clerk, no attorney can answer this question completely. Also, someone being elderly is not a reason for them not to be able to travel . More facts would be needed to see if there is a valid reason for their inability to travel.
Answer Applies to: New York
Replied: 5/7/2014
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
Maybe. I recently got a 40 year old warrant and the case dismissed without the client having to return to NYC.
Answer Applies to: New York
Replied: 5/7/2014
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