Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
Can you tell me why the bench warrant was issued and what the purpose of the bench warrant was.
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
Okay thank you. What is your stated reason for quashing it?
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.
I'm sorry, had a phone call.
Very sorry for the wait, hold one second please.
Okay thank you.
Were you ever notified of your court date?
There is no way for them to Subpoena me since I dont live there
Were you arrested?
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.
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?
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.
Okay. And on this second arraignment, you were never notified of it previously? And, never served notice?
yes sir, that is correct
Also, were you instructed not to leave the state?
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.
I was not instructed not to leave the state
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).
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.
Thanks so much for your help. This is very informative.
Anything else I can help you with?
If you valued my time, I'd ask you to consider rating me positively. Good luck and take care!
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?
and by fax
I'm sorry, I had the rating option disabled.
You can send it by mail. Just include a letter with a request to file, stamp file the second copy, and return to you.
You'll need to include an addressed envelope.
The rating feature is enabled now. Thanks!
thanks, XXXXX XXXXX be getting a excellent rating for all of the grat advice givin.
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