Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

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

warrant in the state of...
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.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
5/6/2013
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified

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.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified
Michael J, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3,472
3,472 Satisfied Customers
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

Michael J, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,014 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
I plead guilty to a misdemeanor charge of domestic violence
I plead guilty to a misdemeanor charge of domestic violence in July 2001. Is it possible to get my 2nd amendment right reinstated?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was just arrested for felony domestic violence, I should
I was just arrested for felony domestic violence , I should say just bailed out for that offense. I never hit my girlfriend but there was a lot of screaming and the nieghbors called the police. When t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I filed cyber harassment and domestic violence stalking
I filed cyber sexual harassment and domestic violence stalking against my husband. ALl the evidence matches up to the picture he uploaded of me, the chat room he posted it to , verified it was his com… read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
Im in tennessee and this concerns a domestic violence charge
im in tennessee and this concerns a domestic violence charge and a pot plant … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
If someone plead guilty to a misdemeanor domestic violence
Hello, if someone plead guilty to a misdemeanor domestic violence and the police report shows he had a false social security number and driver's license (which was not true) and we have requested a ce… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
My mother and I are in a domestic violence case. She was
My mother and I are in a domestic violence case. She was drunk and we got in a scuffle and I told her I wanted to take her to the hospital because she had been drunk for seven days straight, no shower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I am a victim of domestic violence and the d.a. Is trying to
Is trying to serve me it hasn't been able too do I still have to go..... in cali … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
My bf went to trail today for a domestic violence case
My bf went to trail today for a domestic violence case against me and their trying to Subpoena me can I get in trouble if I stay out of town until it's over… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,668 satisfied customers
I had an incident of domestic violence at my residence, and
I had an incident of domestic violence at my residence, and the officer responded by interrogating me and filing a false police report stating that I had made statements to him about being schizophren… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My boyfriend goes to court tommrow for domestic violence he
My boyfriend goes to court tommrow for domestic violence he has been in jail since aug 6 for missing one of his courtdate i want to go to court and tell the judge i hit him first but im scared what wi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
My wife filed a false report of domestic violence and
My wife filed a false report of domestic violence and assault bodily injury when it was a case of mutual combat and I want to know if its possible that she doesn't have a warrant as we were both not f… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I was arrested for a Battery/Domestic violence. I was
Hi, I was arrested for a Battery/Domestic violence. I was released on ROR and still waiting information in regards ***** ***** My husband is the said victim who doesn't wish to give statements or test… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
If a person is arrested for domestic violence and property
If a person is arrested for domestic violence and property damage and then that person is let out on an OR, how can I find out their next court date?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
DOMESTIC VIOLENCE - ON CRIMINAL PROBATION My sister was
DOMESTIC VIOLENCE - ON CRIMINAL PROBATION My sister was beaten by her former boyfriend, who eventually was criminally charged with the offense. He was offered some "plea and pass" at the hearing and h… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x