How to file a motion to recall a warrant?
Asked by: Myrtice Schuppe II | Last update: February 6, 2026Score: 4.8/5 (47 votes)
To file a motion to recall a warrant, you generally need to hire a criminal defense attorney who will draft and file a formal written request (a "motion to quash") with the issuing court, explaining why the warrant should be canceled, often due to an error, changed circumstances, or resolving the issue that caused it (like paying fees or showing up for a missed date), followed by a court hearing where a judge decides.
What is the process for recall warrants?
The process to recall a warrant involves an application by the accused or their counsel under Section 70(2) Cr. P.C., which the court reviews based on specific criteria such as the nature of the offense, the accused's conduct, and procedural correctness.
Can you file a motion to dismiss a warrant?
When a warrant is issued against you in California, it can lead to arrest, a search of your property, or other significant legal consequences. You can file a motion to "quash" or recall several types of warrants, including arrest and bench warrants.
Can a warrant be retracted?
Your attorney can file a motion to quash the warrant in court. Attending court can allow a judge to cancel a bench warrant or failure to appear warrant and set a new court date. A motion can contest issues like the absence of probable cause or inaccuracies in the affidavit for search warrants.
How long does it take to recall a warrant?
Most judges will grant an attorney's motion to recall within seven days. Once the Motion to Recall is granted, the bench warrant will be quashed and a new court date set.
What Is A Motion To Recall A Warrant? - CountyOffice.org
How to request a warrant recall?
Contact an attorney to discuss your options and understand the recall process. Gather any necessary documentation, such as proof of payment or a new court appointment. File a motion to recall the warrant with the court, or have your attorney do so on your behalf.
Is it possible to get a warrant lifted?
Yes, a warrant can be "dropped," recalled, or withdrawn, but it requires official action by a judge or court, usually by filing a motion, paying fines, resolving the underlying issue (like missing a court date), or turning yourself in, often with the help of an attorney to navigate the process and potentially arrange a bond or surrender. Warrants don't just expire; they must be officially canceled by the issuing court or authority.
How to cancel a warrant?
Yes, an NBW can be canceled. Under Section 70(2) of the CrPC, you can approach the court that issued the warrant and file an application for recall or cancellation, providing valid reasons for your absence and assuring compliance with future court dates.
Can you pay to clear a warrant?
No, You Cannot Simply Pay Off a Warrant.
Warrants are ordered by judges specifically because you failed to comply properly with the court process.
Can you exercise a warrant at any time?
American-style warrants can be exercised at any time up to expiration, while European-style warrants can only be exercised on the expiration date itself.
What are the grounds for a motion to dismiss?
Grounds for a motion to dismiss challenge a lawsuit's legal sufficiency, often citing a court's lack of jurisdiction (subject matter or personal), improper venue, insufficient service of process, or the plaintiff's failure to state a claim (meaning even facts alleged don't support a legal case). Other reasons include failure to join a necessary party, the case being barred by the statute of limitations, or a prior judgment on the same issue.
What makes a warrant inactive?
Reasons a warrant becomes inactive
Administrative errors or court processing delays can also result in an inactive status. Inactive warrants remain valid and can be reactivated at any time, meaning the person named is still subject to arrest once the warrant is served.
What are the 3 types of recalls?
The three main types of memory recall in psychology are free recall (retrieving items in any order), cued recall (retrieving with hints or prompts), and serial recall (retrieving in the specific order presented), each testing different aspects of memory retrieval, from unstructured access to ordered sequencing.
What is a recall procedure?
Recall is a voluntary action that takes place because manufacturers and distributors carry out their responsibility to protect the public health and well-being from products that present a risk of injury or gross deception or are otherwise defective.
How to make a warrant go away?
The simplest way to get rid of a bench warrant in California is to call the court that issued the bench warrant or the local police, ask them what the warrant is for, and see if they will schedule you a new court date and drop the warrant.
How long will I be in jail if I have a warrant?
In the event that you are unable to post the required bail amount following your arrest on a bench warrant, you may be detained until your next scheduled court appearance. This interim period can range from a few days to several weeks, depending on the court's calendar and the specific circumstances of your case.
What to avoid if you have a warrant?
If you have an arrest warrant, you can't safely go about daily life because police can arrest you anywhere (work, home, airports), you can't fly, your driver's license may be suspended, and you risk losing government benefits or having trouble with jobs and housing due to background checks, while you also must address the warrant to avoid escalating penalties and complications.
How do I suspend a warrant?
Apply to suspend the warrant of control. You can stop a bailiff from trying to take control of your possessions by suspending the warrant of control. You will need to apply on form N245 which is available from your local county court hearing centre.
How long do warrants typically last?
Arrest and bench warrants typically do not expire, remaining active indefinitely until served, recalled by the court, or the person dies, though search warrants expire quickly (e.g., 10-14 days). While some older warrants for minor offenses might eventually be processed or become inactive at the discretion of local law enforcement, there's no set time limit, and they can resurface years later during routine checks.
What is the best thing to do if you have a warrant?
It's highly recommended that you consult with a criminal defense attorney as soon as possible. An experienced attorney can provide valuable legal advice on how to handle the warrant, whether it's through voluntary surrender, negotiating a court date, or clearing up a bench warrant.
Can a warrant be cancelled?
Yes, a warrant can be "dropped," recalled, or withdrawn, but it requires official action by a judge or court, usually by filing a motion, paying fines, resolving the underlying issue (like missing a court date), or turning yourself in, often with the help of an attorney to navigate the process and potentially arrange a bond or surrender. Warrants don't just expire; they must be officially canceled by the issuing court or authority.
What happens if warrants expire?
Every warrant comes with a term, which is usually between two and 10 years. The expiration date, which marks the end of the term, is the date at which the warrant holder can no longer exercise the warrant for shares.
How much does it cost to quash a warrant?
Removing a warrant costs vary widely, involving paying back fines/fees (which can add $50-$100+ per warrant), court fees (like $180 for some warrants in Tarrant County, TX), potential lawyer fees (hundreds to over $1,000 for motions), and possibly posting bond, with costs depending on your jurisdiction, the original offense, and if you hire an attorney to file motions. The total cost includes clearing the original charge plus any new fees for the warrant itself, requiring payment or a court appearance to get it lifted.