![]() In many cases, if your Indiana criminal defense lawyer files a motion to recall the warrant, the Judge knows that (1) you are aware of the case and are taking it seriously, (2) you have hired an attorney, and (3) you are likely to appear for future court dates. Whether the Judge decides to recall the bench warrant will depend on a number of factors, including the seriousness of the underlying allegation, how long the warrant has been active, and your criminal history. Obviously, it will be up to the Judge to decide whether or not to recall the warrant, but in my experience as an Indiana criminal defense lawyer, filing this motion is successful in many cases. If you have an open warrant, the first step that your Indiana criminal defense attorney will pursue is filing a motion with the Court asking that the warrant be recalled. (1) File a Motion to have the Arrest Warrant Recalled (3) As a last resort, turn yourself in on the arrest warrant (2) File a motion for a combined bond review and warrant surrender (1) File a motion to have the arrest warrant recalled There are 3 basic steps I suggest that an attorney take when a client has an open arrest warrant. ![]() In my experience as an Indiana criminal defense lawyer, in many cases, getting an open arrest warrant recalled is much easier than most people realize. Also, if you have any interaction with law enforcement, even a speeding ticket, the warrant will be executed. Law enforcement could arrive at your home or place of work to execute the arrest warrant. ![]() Having an open arrest warrant can be extremely stressful. The most common reasons for an open warrant are the filing of new criminal charges, a missed court date, a probation violation, or a pretrial release violation. If you think you have an Indiana arrest warrant, you can do a free warrant search for Indiana warrants at An arrest warrant or bench warrant can be issued for several reasons. I provide affordable criminal defense representation in the entire State of Indiana, including Indianapolis, Marion County, Hamilton County, Hendricks County, Boone County, Monroe County, Bloomington, Noblesville, Carmel, Fishers, Danville, and Plainfield. ![]() I have practiced criminal defense my entire career, teach criminal law at the IU School of Law, and have personally handled thousands of cases. (f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion.If you have an open arrest warrant or bench warrant in Indiana and you want to speak to an Indiana Criminal Defense Lawyer, call me for a free consultation at 31. (e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed. (d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding. (b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion. (2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion. (1) Treat the motion as a motion for summary judgment. (a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following:
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