What to do if my wife has a warrant for failure to appear in court for her children’s dad’s court date, however he was never notified that she needed to be in court?

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What to do if my wife has a warrant for failure to appear in court for her children’s dad’s court date, however he was never notified that she needed to be in court?

My stepkid’s dad is in trouble for not paying child support. My wife gets a card pinned to our door while we were at work saying to call this number. It was a friend of the court enforcement officer telling her that she had a warrant for not appearing in court. She was neverserved papers or told of a court date that she had to be at. The officer said it was sent to her old address from about 10yrs ago. Shhe has to be in front of a judge tomorrow morning. What is going to happen? She isn’t the criminal here.

Asked on June 11, 2012 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your wife should retain a criminal defense attorney immediately to represent her with respect to the hearing concerning her failure to appear in court where a bench warrant was supposedly issues for her arrest. In any event she should appear in court despite the fact that she allegedly did not receive any papers concerning her court date with or without an attorney in hand.

Failure to attend the hearing will most likely make a bad situation worse. If she appears in court, the judge may recall the bench warrant and not fine her for her failure to appear at the prior hearing.


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