Lift Bench Warrant Process

Summary

To address a bench warrant for failure to appear (FTA) in Florida, file a motion to quash the warrant and request to reschedule the court dates. Include both the criminal traffic misdemeanor and felony violation of probation (VOP) hearings in the same motion, requesting the same date to avoid arrest. The motion can be handwritten and should be submitted to the court where the warrant was issued. You have the right to know your state prosecutors identity, which can be requested in writing if initially denied. Follow up with the court clerk to track the motions progress and confirm any updates.

Full Conversation

I need to get the judge to lift my bench warrant for FTA and reschedule the criminal traffic misdomenor court date and schedule the corresponding felony VOP hearing
Hi Amanda! To address your situation, you'll need to:
- File a motion to quash the bench warrant.
- Request a new court date for the missed hearing.
- Coordinate with the court to schedule the felony VOP hearing.
Which state are you in? This will help provide more specific advice or direct you to the appropriate resources.
Florida
Hi Amanda! To proceed, you can follow these steps:
- Motion to Quash: File a motion to quash the bench warrant at the court where it was issued.
- Reschedule Court Date: Request a new court date for both the criminal traffic misdemeanor and the felony VOP hearing.
Would you like contact information for the court or further details on how to file these motions?
Details on the morion
To file a motion to quash the bench warrant and reschedule your court dates in Florida, you should:
- Title: Motion to Quash Bench Warrant and Reschedule Hearing
- Include: Case number, your name, reasons for missing court, and request to reschedule.
- Submit: File it with the clerk of the court that issued the warrant.
Would you like more information on how to draft the motion?
Yes
To draft a motion to quash the bench warrant and reschedule your court dates in Florida:
- Title: Motion to Quash Bench Warrant and Reschedule Hearing
- Include:
- Case number
- Your name
- Reasons for missing court (e.g., medical emergency, miscommunication)
- Request to reschedule the court dates
- Structure:
- Introduction: State the purpose of the motion.
- Background: Outline the case details and reasons for the missed court date.
- Argument: Explain why the warrant should be quashed and why rescheduling is necessary.
- Conclusion: Request the court to quash the warrant and reschedule the hearings.
Would you like a sample template for this motion?
Yes
Hi Amanda! Here's a sample template for your motion:
---
Title: Motion to Quash Bench Warrant and Reschedule Hearing
Case Number: [Your Case Number]
Your Name: [Your Full Name]
Introduction:
I am filing this motion to request the court to quash the bench warrant issued against me and to reschedule my missed court dates.
Background:
- Case details (brief summary)
- Reason for missing court (e.g., medical emergency, miscommunication)
Argument:
- Explain why the warrant should be quashed (e.g., unintentional absence, willingness to comply)
- State why rescheduling is necessary
Conclusion:
I respectfully request the court to quash the bench warrant and reschedule my criminal traffic misdemeanor and felony VOP hearings.
---
Would you like assistance with anything else?
I currently have a warrent for the book and the FTA ..is there a way to do this without having to go to jail first
To avoid going to jail before resolving your warrant, you can:
- File the Motion to Quash: Include a request for a court date to address the warrant.
- Hire an Attorney: An attorney can sometimes negotiate with the court on your behalf.
- Voluntary Surrender: This may sometimes reduce the chance of immediate jail time.
Would you like more details on any of these options?
So I need to fil a motion to squash ben h warrent and reschedule hearing. Do I need a separate motion to request vop hearing?
You can include the request for the VOP hearing in the same motion. Just ensure you clearly state your request to reschedule both the criminal traffic misdemeanor and the felony VOP hearing.
Would you like a more detailed breakdown on how to include the VOP hearing request in your motion?
How can I request the same court date because if I have separate dates they will just arrest me in the warrant
To request the same court date for both hearings, include the following in your motion:
- Clearly state you are requesting the same court date for both the criminal traffic misdemeanor and the felony VOP hearing.
- Explain the reasons for needing the same date (e.g., to avoid arrest on a warrant).
Would you like more help with the wording?
Yes please
Hi Amanda! Here's how to request the same court date for both hearings in your motion:
---
Title: Motion to Quash Bench Warrant and Reschedule Hearings
Case Number: [Your Case Number]
Your Name: [Your Full Name]
Introduction:
I am filing this motion to request the court to quash the bench warrant issued against me and to reschedule my missed court dates.
Background:
- Case details (brief summary)
- Reason for missing court (e.g., medical emergency, miscommunication)
Argument:
- Explain why the warrant should be quashed (e.g., unintentional absence, willingness to comply)
- State why rescheduling is necessary
- Request the same court date for both the criminal traffic misdemeanor and the felony VOP hearing to avoid arrest on the warrant
Conclusion:
I respectfully request the court to quash the bench warrant and reschedule my criminal traffic misdemeanor and felony VOP hearings on the same date.
---
Would you like assistance with anything else?
Is the word squash or squash?
The correct term is "quash" in legal context. It means to nullify or void something, such as a bench warrant. If you need more assistance with your motion or any other legal matter, feel free to ask!
Can this be hand written
Yes, Amanda, your motion can be handwritten. Just ensure it's clear and legible. If you need any more assistance with drafting or submitting your motion, let me know!
Are they required to tell me who my state prosecutor is before my court date if I ask even if I'm not an attorney
In Florida, you have the right to know who your state prosecutor is. You can request this information from the court clerk or the prosecutor's office.
Would you like more information on how to contact them?
I called and was denied
Hi Amanda, it sounds like you're facing a challenging situation. If you were denied information about your state prosecutor, you could:
- Request in Writing: Submit a written request to the court clerk or the prosecutor's office.
- Public Records: Check if the information is available through public records or the court's website.
Would you need assistance with drafting the written request?
Yes
To draft a written request for the state prosecutor's information, you can use the following template:
---
Title: Request for Information on State Prosecutor
Your Name: [Your Full Name]
Case Number: [Your Case Number]
Address: [Your Address]
Date: [Today's Date]
To: [Court Clerk's Office or Prosecutor's Office]
Dear Sir/Madam,
I am writing to formally request the name and contact information of the state prosecutor assigned to my case, as I am preparing for my upcoming court date. Please provide this information at your earliest convenience.
Thank you for your assistance.
Sincerely,
[Your Full Name]
[Your Signature]
---
Would you like any further assistance with this or any other matter?
Could you show me an example of the motion to squash all written out
Sure, Amanda! Here's a complete example of your motion:
---
Title: Motion to Quash Bench Warrant and Reschedule Hearings
Case Number: [Your Case Number]
Your Name: [Your Full Name]
Introduction:
I am filing this motion to request the court to quash the bench warrant issued against me and to reschedule my missed court dates.
Background:
- Case details (brief summary)
- Reason for missing court (e.g., medical emergency, miscommunication)
Argument:
- Explain why the warrant should be quashed (e.g., unintentional absence, willingness to comply)
- State why rescheduling is necessary
- Request the same court date for both the criminal traffic misdemeanor and the felony VOP hearing to avoid arrest on the warrant
Conclusion:
I respectfully request the court to quash the bench warrant and reschedule my criminal traffic misdemeanor and felony VOP hearings on the same date.
---
Would you like assistance with anything else?
Would I write the words background and middle ECT.
Hi Amanda! Yes, you should include the words "Background" and "Argument" as headings in your motion to clearly structure it. These headings help organize your information and make it easier for the judge to understand your request. Would you need any more guidance on writing your motion?
Where do I send it to
You should send your motion to the clerk of the court where the bench warrant was issued. Make sure to include all necessary information and follow any specific filing procedures required by the court.
Would you like more information on how to submit the motion or any other legal assistance?
Yes
To submit your motion:
*. Prepare Your Motion: Ensure it's complete and clearly written.
*. Filing: Submit it to the clerk of the court where the bench warrant was issued.
*. Follow-Up: Confirm receipt and track the progress of your motion.
Would you like more details on the filing procedures or any other assistance?
How will I know if they respond
You can follow up with the court clerk's office to check the status of your motion. They can inform you if the motion has been reviewed or if a hearing date has been set. You can also request a written confirmation of any updates.
Would you like assistance with anything else?