Motion to Recall Bench Warrant in Florida

MOTION TO RECALL BENCH WARRANT & DISMISS FAILURE TO APPEAR

FLORIDA CRIMINAL CASE WORK │ HUSSEIN & WEBBER, PL

The following is a sample Motion to Recall Bench Warrant, filed in a Florida criminal case where a defendant failed to attend a scheduled court date. These materials are provided for general reference only, and are not intended as a substitute for legal advice or legal representation.

DEFENDANT, by and through the undersigned counsel, respectfully requests this Honorable Court to recall the Bench Warrant ordered on April 5, 2011, in the above-captioned case, to dismiss the pending failure-to-appear charge, to reinstate the Defendant’s prior release status, and to reschedule the case for docket sounding. As grounds for this Motion, Defendant states as follows:

Defendant is charged in the above-captioned case with Breach of Peace/Disorderly Conduct (M2).
At initial appearance on March 9, 2011, Defendant was given an April 5, 2011 Second Appearance date.
On March 18, 2011, Defendant was arrested and incarcerated in Seminole County on felony charges.
Defendant was not released from incarceration and remains incarcerated in Seminole County.
As a result of Defendant’s incarceration, Defendant was unable to appear for his April 5, 2011 Second Appearance. The Court issued a bench warrant for Defendant’s arrest and set Defendant’s bond at $5,000.00.

WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court hold a hearing on the present Motion and grant any and all relief the Court deems just and proper.