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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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what is the best method to get a recall of warrant request

Customer Question

what is the best method to get a recall of warrant request to the da's office from a merchant who filed a bad check that has since been paid and the hot check department in denton county is refusing to dismiss even though the merchant is requesting the dismiss. Thanks!
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



there is a warrant out in a bad check matter? or do you mean a subpoena for a hearing? if it is indeed a warrant, you will need to file a Motion to Quash and list why it should be recalled and file it in the same court ass the case is filed.

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Customer: replied 8 years ago.
it is a warrant. it is assigned in court 3 in denton county but I have not been notified of a date. as I stated, the check is paid and the medical office has contacted the hot check department trying to recall and they are unwilling saying I must go "turn myself in, be processed" to close the warrant then I guess go to court to deal with it. It was a $25 check for a co-pay!
Expert:  Samuel II replied 8 years ago.



that's ridiculous. get a letter from the medical office stating they are not interested in prosecuting and that the check has been paid. take that with you, so when you go to the judge on the warrant, he can dismiss the matter.

Customer: replied 8 years ago.
Do I really have to go and be processed - fingerprints, etc to get the warrant closed? There is a warrant round up in my county that begins tomorrow, 3/10!
Expert:  Samuel II replied 8 years ago.



yes, you will need to follow the procedure - unless you can get a judge to recall the warrant. sorry