MOTION TO QUASH WARRANT

 

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 [insert date], 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: Under Texas Rule of Civil Procedure 21a, a party must receive notice of any court proceedings. Since the Defendant did not receive proper service of the summons due to an incorrect address, 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 absence 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.

Relevant Statutory Authority

– Texas Penal Code § 38.10 states that “a person commits an offense if he intentionally or knowingly fails to appear in accordance with a summons or court order.” However, this does not apply when the defendant did not receive proper notice.
– Texas Code of Criminal Procedure Article 1.051 establishes that defendants have the right to be informed of the charges against them, which includes proper notification for court appearances.

3. Request for Relief

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

a. Quash the warrant issued in this case due to 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.

Conclusion and Additional Considerations

Even though the defendant has already bonded out, they are still entitled to file a Motion to Quash the Warrant based on improper notification. The foundation of this motion lies in ensuring that due process rights are upheld, as outlined in Texas law. By demonstrating a lack of knowledge regarding court proceedings due to incorrect address-related issues, the defendant can argue for quashing the warrant effectively.

It’s important to note that if there are other motions or relief options that you believe may be more suitable based on additional context (such as a motion for reconsideration), those should be explored in consultation with legal counsel familiar with Texas law.

This motion is framed to reflect both your legal rights and responsibilities while ensuring that any actions taken by the court are just and equitable under the circumstances presented.