In Virginia, a judge may issue a bench warrant to any person who’s found to have violated court rules or orders, including failure to appear in court. The bench warrant authorizes law enforcement to take you into custody at any time, in any place, even if you haven’t been informed that the bench warrant was issued.
In some circumstances, you can have a bench warrant quashed or recalled, but you need to act fast. Although you can quash an arrest warrant, it’s much more difficult and requires a very skilled attorney.
If you know that a bench or arrest warrant has been issued against you, talk to a criminal defense attorney with Select Law Partners PLLC right away because timely action can make a difference in whether or not you can get your warrant recalled. Contact us online or call (855) 541-4867 to schedule a consultation right away.
Continue reading to learn more about quashing a warrant.
How to quash a warrant
1. Hire an attorney as soon as you learn of the outstanding bench warrant
If you’ve heard through word of mouth that a warrant might’ve been issued, or if you received a traffic citation and think you might have missed a court date, contact the courthouse and ask them to search for any warrants that have been issued against you.
Don’t delay – the warrant won’t expire, or go away for any reason unless and until you’ve been arrested or have appeared in court. The faster you retain an attorney and file a motion to quash, the higher your chances are that the warrant will be recalled. A successful motion to quash requires an in-depth knowledge and understanding of the applicable law and requirements of a warrant because any defect, even a small one, could be the grounds to get your warrant recalled at the hearing on your motion.
2. Appear at the hearing on your motion
Your Select Law Partners PLLC criminal defense attorney will devise a strategy to help your case, which may involve your personal appearance at the hearing to show the judge that you are taking this matter seriously, or they might find it best if they appear on your behalf. The judge will typically decide whether or not to grant your motion at this hearing.
In some instances, you’ll be required to appear at the hearing with your attorney, including the following:
- The case in question is a felony offense.
- You’re considered a flight risk.
- You have a history of missing court appearances.
What happens if the warrant is quashed?
If your motion to quash the warrant is granted, it’s no longer in effect and you aren’t at risk of being arrested for that warrant. However, you’ll need to follow the judge’s directions to the letter–show up when they tell you to be in court, follow all court rules, etc. Following the judge’s rules will help you avoid the issuance of another bench warrant.
Let us help get your bench warrant quashed
During your consultation, an attorney with Select Law Partners can tell you more about your specific warrant and whether or not it can be quashed. Although we can’t make any promises, we will do everything we can to help you get past this situation.
To schedule your consultation with our esteemed criminal defense attorneys, please contact us online or call (855) 541-4867. Don’t ignore your warrant because it’s not going to go away on its own.
