Can my husband file a bench warrant for himself while incarcerated?

Question

Can my husband file a bench warrant for himself while incarcerated?

Anonymous Sep 2, 2015 2 views 3 answers

My husband is currently incarcerated but has a charge in another county that was to be dismissed when he signed time. We were told that he must appear in person in order for this matter to be resolved. Can he file a bench warrant on his own behalf to get this taken care of so that it is not further holding him up when it is time to return home?

Larry Lex JohnstonCriminal Defense AttorneyHurst, TX · Accepted Answer · 2026-06-15T15:59:20+00:00

Larry Lex JohnstonCriminal Defense AttorneyHurst, TX

Larry Lex JohnstonCriminal Defense AttorneyHurst, TX · Jun 15, 2026

He can ask the judge to issue a bench warrant. That's as good as it gets.

0 upvotes

Alan EisnerCriminal Defense AttorneyLos Angeles, CA · Accepted Answer · 2026-06-15T15:59:20+00:00

Alan EisnerCriminal Defense AttorneyLos Angeles, CA

Alan EisnerCriminal Defense AttorneyLos Angeles, CA · Jun 15, 2026

Agree with Mr. Johnston. He can't file one himself, but he should ask the judge. Good luck.

0 upvotes

Sarah Fox · Accepted Answer · 2026-06-15T15:59:20+00:00

He cannot file a bench warrant. However, writing the judge and/or the prosecutor helps bring this need to the forefront and might prompt one of them to do it. Depending on how much time he's serving, and what the charge was that is still pending, a county is not likely to spend the money to bench him back while he's in TDC.

Can my husband file a bench warrant for himself while incarcerated?

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