How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michael J, Esq. Your Own Question

Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
18210975
Type Your Criminal Law Question Here...
Michael J, Esq. is online now
A new question is answered every 9 seconds

Im trying to find a generic copy of a form to quash a bench

Customer Question

Im trying to find a generic copy of a form to quash a bench warrant in the state of Texas. The county clerk nor the law Library in the area had the from. Where can I find the form.

Or

If I draft my own, what information needs to be included in the motion.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

Can you tell me why the bench warrant was issued and what the purpose of the bench warrant was.

Customer:

Failure to appear on a criminal charge that I didnt know I had. I just recently discovered the warrant and im trying to get it taken care of. I no longer live in the area that the warrant is in. So im trying to do everything before I go back for the case

Michael J, Esq. :

Okay thank you. What is your stated reason for quashing it?

Customer:

I was not made aware of the arraingment. Since I do not live there there was no way for the court to contact me. I was on pre-trial diverson for a year. I just finished the year and when I looked to go look up information for my case, I saw the warrant was issued.

Michael J, Esq. :

I'm sorry, had a phone call.

Michael J, Esq. :

Very sorry for the wait, hold one second please.

Customer:

no problem

Michael J, Esq. :

Okay thank you.

Michael J, Esq. :

Were you ever notified of your court date?

Customer:

There is no way for them to Subpoena me since I dont live there

Michael J, Esq. :

Were you arrested?

Customer:

I was arrested before I did pre-trial deferement. not since than. I currently have a bench warrant right now. I have not been arrested for the bench warrant.

Michael J, Esq. :

I'm sorry for all the questions but I'm not quite sure I understand the situation. I know that you were supposed to appear at your arraignment, but for what crime? Were you arrested for the crime you were supposed to appear for? Or, did someone just file charges against you?

Customer:

Ok. I am in the middle of a divorce that has been going to for two years. I was accused of domestic violence and was arrested. The case was dropped, but was later picked up by the state of texas several months after my arrest. I went to court for my intially arraingment and chose pre-trial deferment. I than was arrainged again while I was on pre-trial deferment, for reasons I am not sure of for the same case. I did not show up, so they put out a bench warrant for me. So now I want to go to court, since I know about the warrant, but I am not trying to go sit in jail. I currently do not have a bond. Just a warrant. So I am looking for the form to try and have the warrant quash.

Michael J, Esq. :

Okay. And on this second arraignment, you were never notified of it previously? And, never served notice?

Customer:

yes sir, that is correct

Michael J, Esq. :

Also, were you instructed not to leave the state?

Customer:

I am still in the same state. Just not in that county. The case was dropped and I moved. But than the state reopned the case after I moved.

Customer:

I was not instructed not to leave the state

Michael J, Esq. :

Okay, I don't understand why it happened that way, but I will just move forward. :) There is no "form" for filing a motion to rescind a bench warrant. You simply need to include the 1) facts leading up to the bench warrant, 2) the facts stating the time/place/reason the bench warrant was issued, and 3) why the bench warrant should be rescinded (lack of notice).

Michael J, Esq. :

My suggestion is to go to the county clerk. Although they don't have a form, they can certainly point you to previously filed motions to rescind/quash, which you can substantially copy.

Customer:

Thanks so much for your help. This is very informative.

Michael J, Esq. :

Great.

Michael J, Esq. :

Anything else I can help you with?

Michael J, Esq. :

If you valued my time, I'd ask you to consider rating me positively. Good luck and take care!

Michael J, Esq. :

Michael

Customer:

How can I file the motion to recind the warrant if I do not live in that area. Is this something I can do over the phone?

Customer:

and by fax

Michael J, Esq. :

I'm sorry, I had the rating option disabled.

Michael J, Esq. :

You can send it by mail. Just include a letter with a request to file, stamp file the second copy, and return to you.

Michael J, Esq. :

You'll need to include an addressed envelope.

Michael J, Esq. :

The rating feature is enabled now. Thanks!

Customer:

thanks, XXXXX XXXXX be getting a excellent rating for all of the grat advice givin.

Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.