Motion to Quash a Warrant

If you have an outstanding warrant for your arrest, your attorney might file a motion to quash the warrant. That kind of motion is not available in the vast majority of cases. However, there might be good grounds to file a motion to quash the warrant in a small number of cases. For example, your attorney might file the motion to quash the arrest warrant if:

• no probable cause supports the criminal charge;
• the arrest warrant was issued in error;
• the arrest warrant was issued for the wrong person in a case of mistaken identity; or
• you are actually innocent for some other reason which can be easily demonstrated.

In those cases, after the motion to quash is filed, the court might agree to schedule a hearing. In this way, the motion to quash acts like a motion to surrender in the courtroom. That means if the judge denies you any relief, you might be taken into custody then and there.

On the other hand, after the court learns more about the accusations, the court might grant some relief. For example, the court could withdraw the warrant, particularly in a violation of probation case. Additionally, the court might set a more favorable bond and pre-trial release conditions. Filing a motion to quash is inappropriate in most cases because the court will refuse to hear it before you have been arrested and booked into jail on the charge.

The rules for filing a motion to quash depend on the type of arrest warrant issued. In Florida, the courts used several different types of arrest warrants including:

1. an Out of County transfer warrant to hold you while you are awaiting transport to another county;
2. an Out of State warrant if you are accused of being a fugitive from justice;
3. an arrest warrant issued after an alleged Violation of Probation;
4. an arrest warrant issued based on probable cause contained in a criminal report affidavit;
5. a bench warrant or capias for failure to appear in court;
6. a direct capias in the form of a writ prepared by the Clerk of Circuit Court; or
7. a direct file arrest warrant issued by the State Attorney’s Office with a finding of probable cause.

The rules for filing a motion to quash depend on the judge and the jurisdiction.

Attorney for Motion to Quash an Arrest Warrant Florida

If you have an outstanding arrest warrant in Tampa or Hillsborough County, or the surrounding counties in the Tampa Bay area, contact a criminal defense attorney at Sammis Law Firm.

We can help you confirm whether the arrest warrant is active and determine the best way to surrender. We can also represent you in court at your first appearance hearing to request a finding of no probable cause or other relief, such as a lower bond or better pre-trial release conditions.

Read more about finding an attorney for an arrest warrant in Florida.

Don’t face the court alone. Call 813-250-0500.

Example of an Order Dismissing an Arrest Warrant

This is an example of an order dismissing an arrest warrant in a violation of probation case. In this case, the probation officer realized the mistake after the affidavit of violation of probation was filed and asked the court to quash the warrant based on the new evidence presented. As a result, the court entered this order:

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

STATE OF FLORIDA

v.

[NAME OF ACCUSED].

ORDER DISMISSING WARRANT

In the Name of the State of Florida, to All and Singular the Sheriffs and Peace Officers of the State of Florida:

WHEREAS, a warrant was issued by this court on 01/31/2025 for the arrest of defendant, ________, upon a charge of violation of Probation; and

WHEREAS, it has been demonstrated that the Probation should not be revoked, it is

ORDERED that the warrant is dismissed and set aside.

The defendant shall be released from custody if confined, relieved of all sureties, and restored to supervision under the original order of the court, or discharged from supervision if jurisdiction has been lost.

It is further ORDERED that the clerk of this court file this order in the official records and provide certified copies to the officer for use in compliance with the requirements of law.

DONE AND ORDERED ON _______ DAY OF FEBRUARY, 2025

___________________________________

Circuit Court Judge

This article was last updated on Monday, February 4, 2025.