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  1. #1
    Join Date
    Mar 2007
    Posts
    19

    Default Warrant purging. How does this work?

    I had been keeping an eye on this issue because it directly effects my life. I keep articles like this pop up across the country. Departments and systems purging warrants, bench or otherwise.

    Examples of this (I just found)

    Automated warrant systems (automated purging)

    Or this one
    http://www.auburnpub.com/articles/20...ews/news01.txt

    So thats it case dismissed, end of story? Does anyone know of this elsewhere? I ask because I have read articles over the years about this topic. Do jurisdictions just say thats it, enough time and money wasted, get rid of it?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Warrant purging. How does this work?

    The fact that there is no warrant active on a case does not mean that the case is closed. If there's no warrant, though, the odds of a defendant being picked up and haled to court are pretty low.

  3. #3
    Join Date
    Mar 2007
    Posts
    19

    Default Re: Warrant purging. How does this work?

    I agree however I think if theres no longer a warrant whats the fate of the case anymore, considering the circumstances, no warrant no defendant, why have an open case?

    My point being that if I [as a potential Judge] had an open case for a guy who spit on the sidewalk 30 years ago and didn't show up for court in 1977 I believe I'd take the whole dumb thing and pitch it in the circular file, case closed. Then again I'm fairly pragmatic and prone to doing such things.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Warrant purging. How does this work?

    You seem to believe that judges make decisions as to whether or not somebody should be charged. They don't - that's the prosecutor's job.

  5. #5
    Join Date
    Mar 2007
    Posts
    19

    Default Re: Warrant purging. How does this work?

    I think I misrepresented my point wrong. Most courts happily convict people in their absence for things like a DUI, this being the case a bench warrant is automatic, yes? So.... I was indicating it's a matter of riding out the calender.

    I keep finding articles such as the one I supplied here that indicate many court systems and sheriff's offices have begun this process as a way of cleaning house for whatever reason they have, no money no man power no facility to house all these minor cases etc

    IF I were a Judge or prosecutor and was reviewing old bench warrants on cases as old and cold as Jimmy Hoffa ie: Defended has jumped bail on a minor victimless offense, it's been 20 years or more, then I might decide to trash the case and warrant based on the idea this person is never going to be found again. And apparently thats being done now in some places.

    So a Judge issues a bench on Joe Average from out of state who jumps bail for a DUI charge, bad check, or violation of probation on some minor thing, a bench warrant is out there for how ever long it's prudent before the judicial system finally says is enough is enough. Warrant recalled, case open or closed apparently irrelevant at this point. Seems logical enough to me.

    Thus it's "purged" and essentially done with, defendant is a free man/woman? Unless of course they like the idea of stirring up a hornets nest. Which brings me back to my original question of how does this work, what are the buts and bolts of this matter?

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