Dismiss Bench Warrant Steps

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Summary

If you missed a court date due to being incarcerated and now have a bench warrant, you should retain a lawyer or request a public defender. File a motion to quash the bench warrant and explain your situation to the court. Being incarcerated elsewhere is a legitimate excuse. Attend all future court dates to avoid further complications.

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What can I do to get my case dismissed if I was incarcerated, had a court date in a different county and didn't go to court because I was in jail, and now have a bench warrant?
Hello ****,
You may want to consider the following steps:
- Retain a lawyer or public defender.
- Request your lawyer to file a "motion to quash" the bench warrant.
- Explain the reason behind your absence.
- If valid, the judge may dismiss your case or reschedule.
Could you please let me know your location?
South Carolina
Hello ****,
In South Carolina, follow these steps:
- Engage a local lawyer
- File a "motion to quash" the bench warrant
- Explain your situation. Being incarcerated elsewhere is a legitimate excuse
- Attend all future court dates
This may lead to dismissal or rescheduling of your case.
What if we don't have money to get a lawyer do we call a public defender
Yes, ****. If you're unable to afford a lawyer, you can request a public defender. They are appointed by the court to assist individuals who cannot afford legal representation.