Legal Question in Criminal Law in Arizona

Bench Warrant from 2004 for Failure to Appear in Court

If a person is incarcerated and while incarcerated they have received 2 notices to Appear in Court (but they don't know about the notices because they are incarcerated)... the person has served their prison time but 5 years later they are stopped by police for a traffic violation - the 2 warrants show up and the person is taken to jail... what steps should be taken to clear up this matter - as the person did not know they had 2 outstanding warrants because they were incarcerated at the time the notices to appear in court were issued? Person served time in Arizona, was released from prison, moved to New Mexico where he has resided since 2004 (with no arrests, infractions, etc)


Asked on 5/28/09, 6:50 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Bench Warrant from 2004 for Failure to Appear in Court

The Bench Warrants have already been "cleared by arrest." You must be taken before a judge after your arresat, and that will provide an opportunity to explain that you never received notice. Things like this happen more often than you may think. The judge is probably going to want some proof of your change in residence, and will want to know what steps you took to have your mail forwarded to you.

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Answered on 5/30/09, 10:03 am


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