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Thread: Re: Bench Warrant "Lifted" vs. "Rescinded"

  1. #1
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    Re: Bench Warrant "Lifted" vs. "Rescinded"

    My question involves criminal law for the state of: Pennsylvania

    Is there any legal difference between a bench warrant being "lifted" vs. "rescinded"? Or are those two terms used interchangably in this context?

    I'm following the case of a family member on the PA courts website, which makes the docket sheets available to the public. The defendant was arrested for DUI, failed to appear for the initial hearing in Common Pleas Court, was issued a bench warrant, appeared in court two days later, and on the docket sheet it was noted that this BW had been "Rescinded" and a formal arraignment scheduled. He then failed to appear at the formal arraignment and was issued another bench warrant. It appears as if he was actually picked up by the Sheriff's Office on that one (more than a week later). He was arraigned on that BW, but the docket sheet states that this BW has been "Lifted".

    Is there a legal, technical difference between the two?

    Thank you!!

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  3. #2
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    Re: Re: Bench Warrant "Lifted" vs. "Rescinded"

    How the PA court uses the terms I cannot say but generally, rescinded means to make it to be as before the action was taken. That would be a statement that it is as if it was never ordered at all. Lifted means it has been terminated. The order was valid during the period from entry to lifting it but it is no longer valid.

    so, for the purposes of the official records, if it was rescinded, it is a statement that there never was a valid order. If it was lifted, it was in force until lifted, or terminated.

    just because those are the proper definitions does not mean PA does not ascribe some alternate definition to them. They can do such things.

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