Gainesville Personal Injury, Divorce and Alimony Attorney

Criminal cases and Surrender – Turning your self in

In a criminal case, surrender or turning yourself in is the best policy and really the only way to resolve an open warrant or arrest order, sometimes also called a capias . Some may argue with that statement but really every other option is merely turning yourself in or surrendering in a different form.

Sometimes an attorney can file a motion requesting that the court remove, recall or quash the warrant. A motion to withdraw the warrant may be successful if the order was recent. The longer a warrant has been outstanding the less likely most courts are to grant any motions without a hearing where the accused, the defendant or probationer is present. Being present in the courtroom means the potential to be arrested and appearance is a form of surrender. However, sometimes, the court will remove the warrant or capias and issue a notice to reappear at a later court date. In some cases, such as domestic violence, the arrested person has to have a hearing because the Court is required to impose conditions of pre-trial release.

When an accused surrenders, that can be beneficial in seeking leniency later. This can help when seeking to get a bond or reduce a bond already in place. Turning yourself in can also be seen as taking responsibility for the case which can be argued to the case’s benefit by an attorney.  Hiring a lawyer to file a motion seeking to remove a warrant can help. Of course how the case turns out is one hundred percent up to the judge.

Call, text or click to hire a criminal defense attorney that can help with the process of surrender.

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