How do I file a motion to remove a bench warrant for failure to appear in Linn County Oregon

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Customer: How do I file a motion to remove a bench warrant for failure to appear in Linn County Oregon
Answered by Zoey_ JD in 5 mins 1 year ago
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Zoey_ JD
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Zoey_ JD, Expert

Hi,

I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. No need to choose a phone call unless you'd like one. I’m happy to type or to talk.

Customer
I prefer to just type for now. I have a bench warrant for failure to appear in Linn County. I did contact the court 5 business days prior to court date to tell them I wasn't able to travel up from Santa Cruz, CA where I live due to my car being out of commission. And I requested an extension at that time. The clerk told me that a warrant would be issued, but she would note my file. I called the next day after the court date and spoke to a clerk ehomtold me to write amlettwr to the judge explaining what happened and I did and hot a reply to turn myself in and then I coud move forward. Covid broke out and shit everything down the next week.
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Zoey_ JD, Expert

Thank you for the reply. Give me a few minutes to type you a response.

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Zoey_ JD, Expert

In general, there is only one way to remove a bench warrant, and you can't do it with a motion.  The way to deal with a warrant is to turn yourself in and come before the court that issued it. Sooner is better than later, but it's generally a bad idea to go back to court without a lawyer to pave the way for your safest possible return. He could contact the prosecutor and try to get the warrant quashed and a summons issued so that you just get a new date. He may be able to negotiate something in advance of your return so that, if nothing else, you'd know what bail amount to have at hand so that if the judge incarcerated you upon your return, you could get right out. But he could also appear with you in court and be in a position to keep you at liberty, and, of course, he could help you fight the cases.

People who have warrants are by definition flight risks. Lifting the warrant is the easy part. The judge will do that as soon as you are before him.  But the judge will want the case to go forward. So while you could certainly file a motion to vacate a warrant, file it on the court and serve a copy on the DA, the better way to do it at this point would be to let a lawyer get the case back on the calendar where you could appear, explain why you were unable to show up and move on with the case.

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Zoey_ JD, Expert

Any questions?

If there is anything more I can help with, you can always find me again on this chat thread or by starting a new question with "For Zoey Only."

Customer
I don't live in Oregon and haven't been able to travel. The warrant is for failure to appear. I did contact the court 5 days prior to court date explains my vehicle was down and I didn't have the money to fly there and asked for an extension. The clerk said no they will issue warrant. I asked for public defender's number, she said there are no public defender's in Linn county. I called back the day after court date, and spoke with clerk in traffic dept as that's what the ticket was labeled as, she told me to write a letter to the judge explaining what happened, which I did and he responded that I would need to turn myself in to go forward. 2 days later everything shut down due to co-vid. My point is, I'm leary to travel across state lines with a warrant, even if it's only for failure to appear on a traffic ticket. I've not been in any kind of trouble like this, in my 52 years of life. I'm willing to come to Oregon when all points between myself and there have lifted travel restrictions, but I feel that the warrant should be waived and a new date set as there were very extinuatiing circumstances going on here
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Zoey_ JD, Expert

You may feel the warrant should be waived, but you have done all you could in that regard without a lawyer and have been told you will have to come in.

While there is a warrant for your failure to appear in Oregon, it's not the sort of case where the police have you on any kind of most wanted list and are scouring Oregon looking for you. They will be content to wait until you get picked up for something else in Oregon, like a traffic violation or until you try to renew your driver's license and find that you're not allowed to do it because Oregon has lodged a hold on it.  The odds of you getting snatched up and incarcerated trying to get to the courthouse when you cross state lines are low.

If you're worried about it, you're safe enough outside of Oregon with the traffic warrant to leave things as they are for a while.  If you're stopped in your present state, they will just tell you of the warrant and suggest you should return to court on it.   Then, when you can afford to retain a lawyer in Oregon, you can make arrangements with him to try to vacate the warrant and/or to get you back on the calendar to safely finish up the case.

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