How to Quash a Criminal Warrant in Arizona

How to Quash a Criminal Warrant in Arizona 

There is a myriad of different reasons why someone might miss a court date. Amid the stresses of everyday life, staying on top of a case can be a challenge. As a result, it can be very easy to accidentally miss a court date. It is a very common occurrence. When this happens, people tend to worry about the consequences of missing the court date, and generally have a lot of questions. The main questions asked are: what are the consequences of missing a court date, and what can be done about them?

After someone misses a court date, the court will issue a warrant for that person’s arrest and suspend their license. At this point, the case will essentially be put on hold until that person contacts the court in some capacity. While this may not necessarily hurt your case, it certainly does not help it in any way. Because the charges have already been filed, statutes of limitations do not apply. In other words, a case could theoretically sit in limbo forever. This doesn’t mean that the case is thrown out or dismissed in any way, it just hasn’t moved forward from the point of the missed court date. While it may be tempting to simply ignore the issue after a court date has been missed, it does not make the problem disappear.

The state of Arizona notifies all of the other states when someone’s license is suspended. How each state handles that information may vary. Some states may choose to do nothing, while others may have certain restrictions. Some states will allow you to drive until it comes time to renew your license. At that point, you will need to take care of the Arizona suspension in order to get an out of state license. Sooner or later, the Arizona warrant will need to be addressed in order to avoid licensing issues in any state.

How a warrant is dealt with once it has been issued is by “quashing” it. Quashing a warrant essentially means reverting the case back to the way it was before the court date was missed. In criminal cases, whether or not a court will automatically quash a warrant is generally dependent on the nature of the original charge. A quash is requested of a court by means of legal motion, often drafted by an attorney.

Another factor in determining whether a warrant will be quashed is the length of time between when the warrant was issued and what the quash was requested. Some judges may require defendants to physically appear in court or post a bond. Sometimes, in order to quash a warrant, a judge will require a substantially viable reason for missing the court date.

There are many variables in how judges handle warrant cases, which is why it is extremely important to consult an attorney if there is a warrant against you. If you have a suspended license because you missed a court date, contact us immediately. We offer free case evaluations and will be able to put a plan together that will best suit your case.

About the Author: Ryan W. Cummings

Ryan attended the University of Evansville in Indiana where he earned his Bachelor of Science in Finance and Marketing and was a member of Lambda Chi Alpha. He then received his Juris Doctorate from the Phoenix School of Law where he accelerated his education to graduate early. While at the Phoenix School of Law, Ryan was active within the legal community and was the school’s Student Pro- Bono Coordinator. Ryan also joined the Steering Committee on Arizona Wills for Heroes, a group that writes wills for Police, Fire, EMT, First Responders, Prison and Probation Officers. Ryan is still part of the Steering Committee and actively participates in Wills for Heroes.