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  1. #1

    Default Does a bench warrant expire?

    I am a 38 yr old father of 2 with full custody. The kids mother was ordered to pay support years ago-never has paid 1 cent.

    The last time I was at court, (she didn't show) I filled out a bench warrant for her for 60 days. That was 3 years ago or so. She then left the state for those 3 years and is now back in my area.

    Tonite, she got pulled over and my buddy heard her info come over the scanner- correct name and dob. and a warrant from MO.(the state she went to when she left Il.) But NO warrants for Il. ??? Do I have to keep filing motions to keep the warrant valid?? I do not know her address, all I have is caller id records with a cell #. Can I still file a motion with no knowledge of her address??

    Any help would be much appreciated..

  2. #2
    Join Date
    Jul 2006
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    Default Re: Does a bench warrant expire??

    The bench warrant in Illinois is probably for a civil matter or a misdemeanor. No other state will pick up someone on those kinds of things; there has to be a felony involved.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Does a bench warrant expire??

    If by "back in the area" you mean "back in the jurisdiction where the warrant was issued", it may be that the warrant wasn't properly entered into the system, or that it is no longer being treated as an active warrant (for whatever reason). If she's again living in Missouri, consider taking her back to court.

    If she is showing up as the owner of the cell phone on caller ID, you can subpoena the billing address from the cell phone company. (Some companies will even accept a faxed supboena and provide the contact information the same day they receive it.)

  4. #4
    Join Date
    Jun 2006
    Location
    Arkansas
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    643

    Default Re: Does a bench warrant expire?

    The warrant should not expire absent action from someone within the criminal justice system deactivating it--for example, a prosecutor obtaining an order from the issuing magistrate recalling the warrant. Based on experience sometimes this is done to clean up the system on old warrants especially for, relatively speaking, more of the minor legal matters.

    It is possible for a warrant to become stale meaning she may be able to challenge it on speedy trial or statute of limitations grounds for example, but this would occur after she is served with the warrant.

  5. #5

    Default Re: Does a bench warrant expire?

    The bench warrant for Il. (for 60 days) was for no payment of child support-(to me). That is the warrant I filled out with her info and the judge signed.

    That is why I thought she would be arrested when stopped. (in Il.)

    I have no clue what the Mo. warrant is for. That one does not involve me.

    Thank you for the responses! I will be going to the courthouse tommorow with my case# and I will see what they say.

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