by 
Introduction
Readers, life can throw unexpected curveballs, and one of them could be facing a bench warrant. If you find yourself in this predicament in Wisconsin, don’t despair. The legal system affords you the right to an attorney who can zealously advocate for your interests and help you navigate this complex legal landscape.
In Wisconsin, an attorney protecting a client with a bench warrant plays a crucial role. They will guide you through the process, ensuring your rights are protected and exploring potential legal remedies to resolve the underlying issue.
Understanding Bench Warrants
What is a Bench Warrant?
A bench warrant is a court order issued by a judge when an individual fails to comply with a court order or appear for a scheduled hearing. It authorizes law enforcement to arrest and hold the individual until they are brought before the court.
Types of Bench Warrants
In Wisconsin, there are two primary types of bench warrants:
- No-Bond Warrant: This warrant requires the individual to remain in custody until their court appearance.
- Cash Bond Warrant: This warrant allows the individual to post a cash bond to secure release while awaiting their court hearing.
The Role of an Attorney
Protecting Your Rights
An attorney protecting a client with a bench warrant will safeguard their constitutional rights, including the right to due process and the right against unlawful arrest. They will ensure that the warrant is valid and that the client’s arrest was lawful.
Negotiating with the Court
An attorney can negotiate with the court on behalf of their client. This could involve requesting a bond reduction, scheduling a new court date, or exploring other options to resolve the underlying issue without further legal consequences.
Legal Options
Motion to Quash the Warrant
This motion challenges the validity of the bench warrant. It can be filed if the warrant was not properly issued or if the underlying offense is not a crime.
Motion to Vacate the Warrant
This motion asks the court to set aside the bench warrant. It can be filed if the defendant has a valid excuse for failing to appear in court.
Table: Bench Warrant Options in Wisconsin
| Option | Bond Type | Required Action |
|---|---|---|
| Motion to Quash | N/A | File a motion within 60 days of arrest |
| Motion to Vacate | N/A | File a motion with the court |
| Cash Bond | Cash bond required | Pay the set amount to secure release |
Conclusion
If you have been issued a bench warrant in Wisconsin, it is crucial to seek the assistance of an attorney who specializes in criminal defense. They can help you understand your rights, protect your interests, and explore legal options to resolve the issue. Remember, you are not alone in this process, and an experienced attorney can guide you through the legal maze. Check out our other articles for more information on related topics.
FAQ about Attorney Protecting Client who has a Bench Warrant in Wisconsin Law
What is a bench warrant?
A bench warrant is a court order that authorizes law enforcement to arrest an individual who has failed to appear in court as ordered. Bench warrants are typically issued when a person fails to appear for a scheduled court hearing, fails to pay court-ordered fines or fees, or violates the conditions of their probation or parole.
What are the consequences of having a bench warrant?
If you have a bench warrant, you may be arrested and jailed until you can appear before the court. You may also face additional penalties, such as fines or contempt of court charges.
What should I do if I have a bench warrant?
If you have a bench warrant, it is important to contact an attorney immediately. An attorney can help you to determine the reason for the bench warrant and work with the court to resolve the issue.
Can I get the bench warrant recalled?
Yes, it is possible to get a bench warrant recalled. An attorney can file a motion with the court to recall the warrant if there is a valid reason for your failure to appear in court.
What if I am arrested on a bench warrant?
If you are arrested on a bench warrant, you will be taken to jail. You will be given a chance to contact an attorney and appear before a judge. The judge will determine whether to release you on bail or keep you in jail until your next court hearing.
Can I get a lawyer to help me with my bench warrant?
Yes, it is highly recommended to contact an attorney if you have a bench warrant. An attorney can help you to understand your rights, navigate the legal process, and resolve the issue as quickly as possible.
What are the fees for an attorney to help with a bench warrant?
The cost of an attorney to help with a bench warrant can vary depending on the complexity of the case and the attorney’s experience. It is important to discuss the fees with your attorney before hiring them.
How long will it take to resolve my bench warrant?
The time it takes to resolve a bench warrant will vary depending on the circumstances of the case. In some cases, the warrant can be recalled quickly. In other cases, it may take longer to resolve the issue.
What are my chances of getting my bench warrant dismissed?
The chances of getting a bench warrant dismissed will depend on the reason for the warrant and the strength of your case. An attorney can assess your case and provide you with an estimate of your chances of success.
What should I do to avoid getting a bench warrant in the future?
To avoid getting a bench warrant in the future, it is important to appear in court as ordered and to pay all court-ordered fines and fees on time. If you are unable to appear in court, contact the court immediately to reschedule your hearing.
