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Fighting a Warrant: Can You File a Motion to Recall?

To motion to recall a warrant, file a formal request (motion) with the court that issued the warrant, explaining your reasons and any supporting evidence. Consult with an attorney to ensure proper procedures and paperwork. Attend the scheduled hearing where a judge will review your motion and decide whether to recall the warrant.
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What is a Bench Warrant?

According to Nolo, a bench warrant is issued by a judge when a defendant violates court rules, typically by failing to appear in court. Once a bench warrant is issued, law enforcement can treat it like any other arrest warrant and use it to bring the defendant back before the judge [1]. This allows the court to ensure compliance and address the missed court appearance.

Warrants can be issued for various reasons, including unpaid fines, failure to appear in court, new criminal charges, or probation violations. Once law enforcement confirms an active arrest warrant, they can arrest you immediately, regardless of time, location, or circumstances.

A bench or arrest warrant is essentially a court order to a law enforcement agency to “locate and bring this person to court.” These warrants often stem from issues such as missed court dates, unpaid fines, probation violations, failed drug tests, or new criminal charges.

When a court issues a warrant, there are several ways to address it. If you have a pending bench or arrest warrant, your first priority should be to have an attorney request a Recall of the Warrant without jail or bail. For new felony charges, an attorney is necessary to seek a bond reduction. The most effective way to resolve a warrant issue is to get the warrant “recalled” by the court, meaning it is withdrawn from law enforcement’s active orders.

What Does it Mean to Recall a Bench Warrant?

According to SCLG, most courts will not recall or dismiss a bench warrant (BW) on their own. If you have a bench warrant, you must take action to get it cleared, a process known as “recalling” or “quashing” the warrant [2]. Quashing a bench warrant removes it from the state’s judicial system.

To recall a warrant, you must appear in court. Your attorney can appear on your behalf if you:

  • Failed to appear for a court date, or
  • Failed to make a payment related to a misdemeanor offense.

However, if you failed to comply with a court order from a felony case, you must appear in court personally, with or without an attorney, to clear the BW.

In attempting to quash a bench warrant, you or your attorney can argue that:

  • You never received a notice to appear in court.
  • You complied with all the conditions and requirements of the court order.
  • You were unaware that a case had been filed against you.
  • There has been a mistake in identity.

Steps to Recall a Warrant

According to WKL, if you need to have a warrant recalled, the first step is to contact an experienced criminal defense attorney. Provide your attorney with all relevant documents and background information explaining why the warrant was issued [3].

Your attorney will then request the court to recall the warrant. In misdemeanor cases, your lawyer can often appear in court on your behalf, so you won’t need to attend or miss work. For felony offenses, you may need to appear in court with your lawyer.

Typically, your warrant can be recalled if you complete the actions that led to its issuance, such as:

  • Paying any fines or fees
  • Providing proof of completing court-ordered programs or counseling
  • Making required court appearances
  • Meeting with your probation officer
  • Making court-ordered restitution

If your warrant involves a felony crime, you may be required to post bail in order to have the warrant recalled. In some felony cases, you will have to be taken into custody if you are facing a felony probation violation. If this is the case, you may not be able to post bail until such time as you appear at a probation violation hearing

An experienced criminal defense attorney can represent you at this hearing and potentially reduce your bail or connect you to a bail bondsman with reduced fees through attorney-referred bail bonds.

Understanding Conditions of Release, Bonds, and Orders for Arrest

Many conditions of release and Release Orders require some form of monetary bond or promise to pay if you fail to attend court. Even if you weren’t required to pay a cash bond or post a secured bond for release from jail pending trial, there may be a financial penalty if you miss court.

This applies even if you were released on an “unsecured bond” or a written promise to appear. Missing court can result in bond forfeitures, increased bond amounts, and an outstanding Order for Arrest (OFA) directing your return to custody.

An OFA is a formal court order. It orders law enforcement officers to actively seek the person facing criminal charges, directing the Defendant to be taken into custody. In the event the Order for Arrest is served, where an Order of Forfeiture was also issued, that bond may be “forfeited.

Therefore, defense counsel often requests the court to strike both the Order for Arrest and the Order of Forfeiture. Established protocols in some jurisdictions may allow for a hearing to request the court to strike these orders, also known as recalling the Order for Arrest.

If you have an outstanding Order for Arrest, it’s crucial to act quickly. Consult with an experienced criminal lawyer to explore your legal options.

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References:

1. https://www.nolo.com/legal-encyclopedia/question-whats-bench-warrant-28274.html
2. https://www.shouselaw.com/ca/blog/can-a-bench-warrant-be-dropped-in-california/
3. https://www.wklaw.com/mean-warrant-recalled/

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