I have a warrant for failure to appear in Arizona, once I hire an attorney how long will it take to quash the warrant or what are the chances the judge will quash the warrant once the motion has made
Your chances of having the warrant quashed are pretty good assuming that you don't have a history of FTA. Your attorney will file a motion to quash & set for pretrial conference, and depending on the calendar of the court, your matter can typically get set quickly.
My answers to questions do not constitute legal advice nor do any answers create an attorney-client relationship.
Unfortunately, there is no straightforward answer to your question. It depends on a few things.
First, it depends on whether the warrant was issued for a felony or a misdemeanor failure to appear. Second, it will depend on which court issued the bench warrant.
In most Phoenix area city courts, if you hire an attorney and he or she files a motion to quash and you have posted the bond, you will not need to personally appear to have the warrant quashed. Some do require that you appear.
If it is your first failure to appear and it is a misdemeanor warrant, I would say the warrant will more likely than not be quashed. That being said, you haven't provided much detail and every judge is different.
As to how long it will take, there is no definite answer. The judge will rule on it when they get to it, but it is not a high-priority motion for most judges. Having an attorney who follows up with the court about the status of the motion will speed things along.
It varies from court to court, but on a misdemeanor driving on suspended license, an attorney would file the motion to quash and a good number of the courts will then set the matter back on the court's calendar at a regularly scheduled hearing. How long it will take depends upon the caseload and practices of the individual court you are filing the motion in. Some courts will rule on the motion and reset the case on the same day the motion is filed, some can take several weeks to get to it.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship. Also, please use caution when reviewing answers to questions posted by out-of-state attorneys. Each state has specific laws and out-of-state attorneys are often unfamiliar with the intricacies of the laws in states that they do not practice in.
More information would be needed about the court and your history, but many courts will quash the warrant once an attorney comes on board. I suggest consulting with a few attorneys.
The information contained in my post is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
The answer depends on the court, the judge, and the circumstances of the offense. But generally, as quickly as we can get a MTQ before a judge to sign it, that's how quickly the warrant can be lifted. In Phoenix Municipal Court, we can usually walk in that day and get it done. In another court in town (Avondale) we recently had to wait a week. Hope that helps.
This information is not intended as legal advice and should not be relied upon or construed to create an attorney-client relationship. It is for informational purposes only. Law Offices of David A. Black PLLC 40 N. Central Ave., #1400 Phoenix, AZ 85004 (480) 280-8028
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