Motion to quash warrant

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if someone is arrested in Texas for failure to appear to court however the defendant never got the letter is the defendant still entitled to a motion to quash warrant even though the defendant has already bonded out? this is what I was thinking if this is the correct motion add any texas laws that would support, if not include what motion or relief that would be correct MOTION TO QUASH WARRANT

TO THE JUDGE

COMES NOW, the Defendant, and respectfully files this Motion to Quash the Warrant issued in the above-referenced case, and in support thereof, shows the Court the following:

1. Background

1.1 On or [Year], a summons was allegedly issued to the Defendant requiring appearance before this Court.

1.2 The Defendant did not receive the summons because it was sent to an incorrect address. Consequently, the summons was returned to the sender as undeliverable.

1.3 The Defendant was unaware of the summons and therefore did not appear in court on the scheduled date, which resulted in the issuance of a warrant.

2. Grounds for Quashing the Warrant

2.1 Lack of Proper Service: The Defendant did not receive proper service of the summons due to the incorrect address. As a result, the Defendant was not aware of the obligation to appear in court.

2.2 No Intent to Default: The Defendant did not intentionally fail to appear in court. The lack of appearance was solely due to the non-receipt of the summons. The Defendant is willing and ready to appear in court to address the matter now that they are aware of it.

2.3 Prejudice to the Defendant: The issuance of a warrant based on non-receipt of the summons is unjust and has caused undue prejudice to the Defendant. The Defendant should be given an opportunity to appear in court without the burden of an outstanding warrant. TRCP Rule 21a

3. Request for Relief

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

a. Quash the warrant issued in this case due to the lack of proper service of the summons;

b. Reschedule the court date and provide proper notice to the Defendant at the correct address; and

c. Grant any other relief that the Court deems just and proper.

 

 

Sample Solution

The motion to quash warrant is appropriate in this case. In Texas, Rule 21a of the Texas Rules of Civil Procedure (TRCP) allows a defendant to file a motion to quash a warrant if it was issued without proper service of the summons.

The defendant’s argument that they did not receive the summons due to an incorrect address is a valid ground for quashing the warrant. Texas law requires that the summons be served on the defendant in person or by certified mail to a last known address. If the summons was not served properly, the warrant may be invalid.

The defendant’s argument that they did not intend to default and are willing to appear in court is also relevant. The purpose of the warrant is to compel the defendant’s appearance, and if the defendant is now willing to appear voluntarily, there is no longer a need for the warrant.

The defendant’s argument that the issuance of the warrant has caused undue prejudice is also valid. A warrant can have serious consequences, such as the defendant being arrested or having a bond set. If the warrant was issued wrongfully, it can cause unnecessary hardship on the defendant.

Therefore, the defendant’s motion to quash warrant is likely to be successful if they can prove that they did not receive proper service of the summons and that they are willing to appear in court.

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