Motion To Recall Warrant Sample With Order

• Category: Criminal - Warrants
• State: Louisiana
• Control #: LA-5470
• Format: Word; Rich Text

Description

This is an example of a motion and order for the warrants of arrest issued for the arrest of the defendant in the named matter to be recalled and vacated.

Motion to recall warrant sample with order is a legal document that allows an individual to request the court to recall a warrant that has been issued against them. This motion is filed with the court to contest the validity of the warrant and seek its cancellation. It is important to note that the exact format and content of the motion may vary depending on the jurisdiction and the specific circumstances of the case. Here are some key points to include in a motion to recall warrant sample with order: 1. Heading: Begin the motion with the title "Motion to Recall Warrant" followed by the case name, court name, case number, and the date of filing. 2. Introduction: Introduce yourself as the moving (the person filing the motion) and provide a brief summary of the case, including the reason why the warrant was issued and the grounds for challenging its validity. 3. Legal arguments: Present the legal arguments supporting the motion. This may include citing relevant statutes, case law, or constitutional provisions that demonstrate why the warrant should be recalled. Clearly explain any legal errors or lack of probable cause that justify the cancellation of the warrant. 4. Supporting evidence: Attach any supporting documents, affidavits, or exhibits that help strengthen the arguments made in the motion. These could include witness statements, expert opinions, or any other evidence that disputes the validity or necessity of the warrant. 5. Statement of facts: Present a detailed account of the relevant facts and circumstances of the case. This should include a timeline of events leading up to the issuance of the warrant, any mitigating factors, or any new evidence that demands the recall of the warrant. 6. Conclusion: Conclude the motion by summarizing the main points made and reiterating the request to recall the warrant. Affirm that the moving is ready to comply with any court orders and is willing to provide further information or appear before the court if necessary. Types of Motion to recall warrant sample with order: 1. Motion to recall search warrant: This type of motion specifically focuses on challenging the validity of a search warrant that has been issued, usually in cases involving the search and seizure of evidence by law enforcement agencies. 2. Motion to recall arrest warrant: This type of motion aims to challenge the legality of an arrest warrant, particularly in situations where the grounds for the arrest are contested or where there may have been a procedural error in obtaining the warrant. 3. Motion to recall bench warrant: This motion is filed when an individual fails to appear in court after being summoned and an arrest warrant (also known as a bench warrant) is issued. The motion seeks to have the warrant canceled and asks for an opportunity to explain the failure to appear. It is crucial to consult with a legal professional or attorney to ensure that the motion accurately reflects the legal requirements and procedures specific to the jurisdiction in which the motion is being filed.