Quashing a Warrant
Finding out you have a warrant can be a scary feeling. A warrant gives law enforcement the authority to do various activities that would not otherwise be permitted, such as conduct a search, seize items, or arrest an individual. Bench warrants may be issued by a judge when a defendant in a criminal case:
- Fails to appear for a court hearing.
- Fails to comply with a court order.
- Violates probation.
In some cases, a warrant may be issued erroneously in some way or another. In such instances, a defendant may have a warrant quashed. Quashing a warrant means it becomes canceled. If a defendant believes the warrant contained an error, or that they had a sufficient excuse for committing the act that caused the warrant to be issued in the first place, they or their attorney may file a Petition or Motion to Quash the warrant with the court. This may include supporting evidence as needed. Some of the reasons for which a warrant can be quashed include:
- The warrant being sent to the wrong address.
- The warrant misidentifying the defendant.
- The warrant being unsigned by a judge.
- The warrant lacking note of the associated charges.
- The warrant lacking probable cause for being issued.
If a court grants the quashing of the warrant, the defendant will need to pay a bond amount, which varies by court. Depending on the specific case, the court may grant the quash automatically upon motion or they may hold a hearing to determine if there is sufficient cause to overturn the warrant.
Once a warrant is quashed, the case returns to the status it held prior to the warrant being issued. Defendants who had warrants in their case, even those that were quashed, should take special care to ensure they are at every future court date and comply with any future court orders to remain in good standing with the court.
Rideout Law Group provides online help for anyone looking to determine if they have an active warrant.
If you have an active warrant, contact Rideout Law Group today.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.