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.