Stale Moving Violations in Loudoun County

Speeding and other traffic infractions often become stale criminal cases in Loudoun County. Frequently, we see people who set up arrangements with the court, didn’t follow up on those arrangements (usually not mailing a certificate of traffic school completion to the court by the deadline), and the court issues a bench warrant.

A bench warrant is a nasty item that’s a combination of a court order and an arrest warrant. Since bench warrants never expire, the defendant will go to jail eventually, where jail release options are limited.

A Leesburg speeding ticket lawyer usually takes care of the warrant and also successfully resolves the traffic ticket or other underlying case. However, only attorneys registered with the proper authorities can handle these matters. Additionally, the penalties for speeding and other violations have gotten so much worse over the years that paying the fine and moving on is no longer inactive.

Lifting a Warrant

Usually, there’s only one way to take care of a bench warrant. The defendant must voluntarily surrender. Generally, as mentioned, pretrial release options are limited.

OR (Own Recognizance) release is usually off the table. In the eyes of the authorities, the defendant has already ignored one court order. There’s no way authorities will trust the defendant to obey another one.

Usually, bench warrants include cash bail requirements. The theory is that, after the case, a Leesburg criminal defense lawyer receives that money as payment for services rendered.

A registered lawyer bypasses this complex process. Usually, attorneys can “lift” traffic ticket warrants and place the case back on the docket. Generally, the defendant never sees the inside of a jail cell for a moment. Once the case is on the court’s litigation docket, a full-scale defense is possible. More on that below.

If a bench warrant is active, the defendant is subject to arrest at any time in any jurisdiction. Furthermore, officers could arrest defendants when they try to get a passport, renew their drivers’ licenses, or take any other such actions.

Defending a Case

The arresting officer is almost always the key witness, and the only witness, in a traffic ticket case. The police officer turnover rate is very high these days, mostly because police officer burnout is very high these days.

So, if Officer Smith issued a citation in Leesburg two years ago, by the time the hearing date for a stale case comes up, Officer Smith is almost certainly with another department or even in a different line of work altogether. Furthermore, Officer Smith has probably relocated beyond the court’s 150-mile subpoena range.

The state has the burden of proof in a criminal case. Quite simply, no witness means no evidence and no case.

In the unlikely event the state has sufficient evidence, favorable plea bargain resolutions are usually available, such as pretrial diversion. Generally, if the defendant stays out of trouble for a few months and completes other program requirements, such as performing community service, prosecutors drop the case.

Connect With a Thorough Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.

Source:

law.cornell.edu/wex/bench_warrant