What is Traversing a Warrant (a Frank’s Motion)?

To traverse a warrant, you challenge the affidavit’s truthfulness under Franks v. Delaware. This limited right requires reasonable grounds, as frivolous challenges can impact the prosecution’s case. Overcoming the presumption of a warrant’s reasonableness is difficult, and evidence might not be suppressed if officers acted in good faith (U.S. v. Leon, 1984).

However, the “good faith” exception is inapplicable in four circumstances, including when officers knowingly provide false information. In a Franks Motion, you must show the affidavit contained false statements made knowingly or with reckless disregard for the truth, and that these were material to the probable cause finding.

Material omissions are treated similarly. Declarations from witnesses should support the challenge. If proven, the court will review the remaining affidavit without the false statements to determine probable cause. For omissions, the court will consider the affidavit with the included information.

If informants are involved, and their reliability is questionable, an in-camera hearing may be necessary to examine the informant and determine the affidavit’s validity.

What’s the Difference Between Quash and Traverse Warrants?

In certain situations, a warrant may be issued due to errors or misunderstandings. If this happens, a defendant has the option to quash the warrant, effectively canceling it. To quash a warrant, the defendant or their attorney must file a Petition or Motion to Quash with the court, possibly including supporting evidence.

Common reasons for quashing a warrant include:

The warrant being sent to the wrong address.
The warrant misidentifying the defendant.
The warrant being unsigned by a judge.
The warrant lacking details of the associated charges.
The warrant lacking probable cause.

If the court agrees to quash the warrant, the defendant may need to pay a bond amount, which varies by court. The court may grant the motion automatically or hold a hearing to determine if there’s 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

Understanding Writs: Legal Orders and Their Functions

According to Investopedia, a writ is a formal legal document that commands an individual or entity to perform or cease a specific action [1]. Issued by judges, courts, or other authoritative bodies, writs are a crucial part of common law, typically drafted after a judgment to enforce the court’s decision.

Writs come in various forms, such as summonses, writs of execution, writs of habeas corpus, warrants, and orders.

How Writs Function

A writ is a document or order that directs any form of action from a court. It provides directions from an entity with jurisdictional or administrative power to another party.

Modern writs serve to direct actions from higher to lower courts, from courts to individuals or entities, or from government agencies to other parties. They can compel action, prohibit certain behaviors, grant extraordinary relief, allow appeals, or authorize authorities like sheriffs to seize property, even in anticipation of a judgment.

What To Do if You Receive a Writ of Attachment

If you’ve been issued a writ of attachment, ignoring it can lead to serious consequences, including being forcibly detained by Marshals. While some individuals manage to evade capture for years, most are eventually found, and the repercussions are often severe. If you have a writ of bodily attachment, it’s crucial to turn yourself in at the local jail or police station promptly.

Should Marshals be dispatched to find you, they may use force, potentially causing injury or damage to your property if you resist. Ignoring a writ can escalate the situation, resulting in more severe outcomes.

A writ of attachment does not mean you’re going to jail, only that you will remain in jail until you’re seen by the court. It’s possible that you forgot your initial court appointment or maybe you’ve been struggling to make payments. Regardless of the situation, it’s important to tell the court your side of the story, and that can’t happen if you’re not there

You may also resolve the situation by paying the purge amount and the costs associated with the writ of attachment. Contact the court clerk to determine if you have a payable purge amount and settle it as soon as possible.

Paying off your dues can prevent jail time. Carry a receipt of payment as proof that the writ has been satisfied and consider having a lawyer accompany you, as officers dispatched with your writ may not be immediately informed of the payment, leading to a delay in the writ’s withdrawal.

Discovering a writ of bodily attachment has been issued against you can be stressful. However, taking the appropriate steps to address the issue can help you avoid further complications and resolve the matter efficiently.

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References:

1. https://www.investopedia.com/terms/w/writ.asp

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