Michigan Recall of Warrant Or Order To Apprehend is a legal process in which a person can have an active arrest warrant recalled or recalled and dismissed. This process is used to remove the warrant from the system and the underlying charge is erased. This process is also referred to as "Expungement" or "Dismissal" of the warrant. There are two types of Michigan Recall of Warrant Or Order To Apprehend: voluntary and involuntary. Voluntary recall of warrant or order to apprehend is initiated by the person who is subject to the arrest warrant, with the assistance of an attorney. The request is then submitted to the court that issued the warrant for review. If the court decides to recall the warrant, the charge will be dismissed and the record will be removed from the law enforcement system. Involuntary recall of warrant or order to apprehend is initiated by the prosecutor or police. In this case, the attorney representing the accused must submit a motion to the court for review. If the court approves the motion, the warrant will be recalled and the underlying charge erased. In both instances, the record of the charge will be sealed, meaning that it cannot be accessed by the public. The record can be expunged if the person is found not guilty or the charges are dismissed.
Michigan Recall of Warrant Or Order To Apprehend
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Even if the named individual is not currently committing a crime, they may still be arrested while going about their normal day. An arrest warrant does not expire and will not get lifted until the named individual appears before a judge and the court removes or recalls the warrant.
Paying To Remove A Warrant For example, if a bench warrant is issued because someone failed to pay the fines issued due to a traffic violation, the named person may be able to pay the traffic fines, and the warrant will be removed.
Once the court issues the arrest warrant, the police can actively search for the individual to arrest them. The police can arrest a person at home, at employment, or anywhere else they find the suspect.
In Michigan, an active arrest warrant will never go away. Ever. In fact, many people have been shocked to learn they have a warrant out for their arrest that was issued years ago. The warrant will never get lifted unless you appear in front of a judge and the court officially recalls the warrant.
Except as provided in MCR 6.615(B), if a defendant fails to appear in court, the court must wait 48 hours, excluding weekends and holidays if the court is closed to the public, before issuing a bench warrant to allow the defendant an opportunity to voluntarily appear before the court.