7. Recall Warrant
The following sample motion to recall warrant must be properly formatted with header information, line numbers, page numbers, etc. before being used in any court.
There is always a danger that the court will deny this motion and take the defendant into custody, but there is also the danger that the court will grant the motion and still take the defendant into custody because there is no valid bail bond on file.
To lessen this danger, talk to your bail bondsman before the hearing and ask if bail has been exonerated. If it has been, request that he file a resumption of bail.
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TO THE COURT AND THE DISTRICT ATTORNEY: PLEASE TAKE NOTICE that at the date and time indicated above, or as soon thereafter as the matter can be heard in the above entitled court, the defendant will move the Court for an order to recall the warrant and set dates for further proceedings.
This motion shall be based on this Notice of Motion, all papers and pleadings on file with the court and such oral and documentary evidence as may be presented at the hearing.
Dated:
____________________
By Larry Lawyer,
Attorney for Danny Doggo
DECLARATION IN SUPPORT OF MOTION
I, Larry Fields, Attorney for Defendant, declare:
1. I am the attorney for Defendant in the above entitled matter.
2. The arraignment in this matter was set for June 30, 2017.
3. Due to a child care emergency, Defendant arrived after his case had been called, and the court issued a warrant.
4. I request that the warrant be recalled and that the matter be set for further proceedings.
I declare that I am informed and believe that the foregoing is true and correct.
Dated:
_________________
By Larry Lawyer,
Attorney for Danny Doggo
POINTS AND AUTHORITIES
“Every court shall have the power to… provide for the orderly conduct of proceedings before it, or its officers.” (Code of Civil Procedure §128)