An arrest warrant is a written order from a judge ordering law enforcement to arrest someone and bring them to court. Arrest warrants generally arise when someone is charged with a crime and then fails to appear in court when instructed to do so. If a court order was issued against you, it is not the end of the world, but you will want to take care of the order as soon as possible. The process of getting rid of the court order is called “Cancellation of the court order.”
There are several ways to get rid of an arrest warrant: contact the Court, have your attorney file a Motion for Annulment, or sit back and do nothing. Regardless of the decision you make, you will eventually have to appear before a judge and ask them to withdraw the court order.
Contact the court
Each court will have a procedure to deal with court orders. You can contact the Court, either by phone or in person, and ask them what to do. Most courts will allow you to call the clerk’s office and ask about the procedure in your case. Before the Clerk’s Office schedules a hearing for you, you must come and appear in person. Depending on the circumstances, you may be asked to pay a fee or post a bond before scheduling the hearing.
Remember that having a hearing to determine if a court order will be vacated is NOT the same as having it vacated. The order will remain in effect until a judge signs another order voiding it.
Motion to void
The easiest way to get rid of a court order is to have your lawyer do it for you. He or she can contact the Court and request a hearing before a judge. This is generally accomplished by filing a Motion to Void a court order. Although some courts will require a personal appearance from the defendant before allowing a hearing to be scheduled, most will not.
Sit back and do nothing
Believe it or not, this is the most common way to deal with an arrest warrant. The downside to this method, of course, is that you have no control over when they pick you up. The only thing you can be sure of is that it will happen at the most inopportune moment. For example, if you are pulled over for a minor driving offense and you have children in the car; Who will take custody of the children while you are on your way to jail?
What happens if the order is not canceled?
If the court order is not overturned, you will be detained and will remain there until the case is over or a judge grants another release order.
