Recalling a bench warrant typically takes anywhere from 24 hours to as long as 30 days.
The length of time it takes to recall and quash a bench warrant will be determined by the both the county where the motion to quash is filed, and also the skill of the lawyer filing the motion.
I recommend contacting the State’s Attorney’s Office First.
If you do not contact the State for their input on the warrant, then the court will wait to hear from the State. The prosecutor has 15 days to file their position with the court. The State can take a few different positions.
- The State can consent (best possible result).
- The State can not oppose (2nd best possibility)
- The State can defer to the court (not so bad. We can work with it).
- The State can take “no position” (almost the same as a defer)
- The State can object (the most difficult position for the defendant – but, still workable).
If you obtain the State’s position first, you may get a faster decision from the court. In other words, the court won’t have to wait to hear from the prosecutor. The judge can review the motion to quash and make a fast decision. This is a benefit to someone who is concerned about being picked-up by law enforcement for a routine ticket. I have gotten bench warrants recalled in a little as 4 hours.
However, The Court Can Still Take as Long as 30 Days to Review and Make a Decision
Some courts take longer than others. A county with a very busy docket may not be able to promptly review the motion to quash. The motion could go into a basket on a desk and sit there for 29 days. A skilled lawyer will know which counties take longer. An experienced attorney will know how to avoid this type of situation.
Filing a Motion to Recall the Warrant Quickly May be a Benefit
Seeking legal counsel quickly is the best way to approach this. Hiring a lawyer swiftly will signal to the court that you are acting responsibly. Further, having the warrant removed in a timely manner will limit your chances of being picked-up during a routine traffic stop and held in custody.
Benefits of hiring a bench warrant lawyer:
- Get The Warrant Recalled – A skilled attorney can file paperwork with the court to get the bench warrant quashed. Once it’s recalled, you will not have to worry about being arrested.
Legal Knowledge – You will have a highly trained legal professional. Someone who understands the specifics of a bench warrant. Also, someone who is familiar with the Maryland court system.
Specific Experience – Hire an attorney who has handled other Maryland warrant cases similar to yours. Most lawyers concentrate on only a few areas. For instance, a landlord/tenant lawyer may not understand the criminal law system. A lawyer unfamiliar with this area may not be able to get you a favorable outcome.
A Skilled Negotiator – A good lawyer can negotiate with the State prosecutor. Also, a skilled legal samurai knows how to obtain a favorable outcome. And possibly even have the charges dismissed.