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Wrongfully Issued Bench Warrant

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  • 11-13-2009, 12:05 PM
    Could Use Help
    Wrongfully Issued Bench Warrant
    My question involves an arrest warrant from the State of: Florida

    I was arrested on a bench warrant for a FTA. It was a status hearing. Turns out, no one was ever notified of the court date. No one includes myself, my attorney, my PO and the state's attorney. I spent two days in jail because of someone else's mistake.
    Do I have any recourse in getting the arrest record removed and my attorney's fees reimbursed?
    Thank you.
  • 11-15-2009, 08:19 AM
    Mr. Knowitall
    Re: Wrongfully Issued Bench Warrent
    The exact reason you didn't get notice of the hearing is what?

    As you're lawyer has surely already told you, the answer is all but certainly "no", but you need to give us the relevant facts.
  • 11-15-2009, 05:24 PM
    Could Use Help
    Re: Wrongfully Issued Bench Warrant
    The judge's clerk never sent notice to anyone. Even the state attorney did not know about the date until my attorney called to find out what was happening. When we went to court to get me released from jail, prior to the judge entering the room, the clerk told my attorney and the state attorney she had no proof of sending notification. The judge that issued the warrant was out of town, so we were seen by another judge who released me ROR. He did not do anything else because he is not the regular judge for my case.
    It was an error on the clerk's part.
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