Is it legal to sign a bench warrant on someone for FTA even if they weren’t given notice to appear upon being released from jail?

UPDATED: Sep 14, 2011

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Is it legal to sign a bench warrant on someone for FTA even if they weren’t given notice to appear upon being released from jail?

I was arrested on a FTA warrant for a traffic ticket, I also was in possession of a small amount of marijuana when I was arrested. A friend I was arrested with also had a controlled substance on him. Since he was about to go to prison if he got in more trouble, he agreed to turn states evidence to get both our charges dropped, he was immediately released and wasn’t charged. When I paid the cash bond I was released and given a notice to appear for the traffic ticket FTA but there was no mention of the possession charge on the notice. I went to the court date for the traffic FTA.

Asked on September 14, 2011 under Criminal Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In your situation that you write about it appears that you were picked up on an outstanding warrant for failing to appear on a traffic ticket hearing, paid your bond fee, were released and given a new hearing date for the traffic ticket citation. Such is proper protocol within the judicial process.

With respect to the possession of the controlled substance (marijuana) that you write about either your were not charged for that offense specifically or that it is still in the process of being reviewed for the issuance of a criminal charge against you.

Or, your friend's turning of state's evidence resulted in the marijuana charge being dropped as to both of you as you have written.


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