What Happens If There Is An Arrest Warrant?

What happens if there is an arrest warrant? If there is an arrest warrant and the attorney discovers it, he files a motion to quash the warrant and bring the client into court. The attorney may present the letter, saying, “My client knows he might be charged with the crime, and he will not go anywhere. He is not a flight risk or a danger to the community. I have been retained for all stages in the proceeding.” The judge will often quash the warrant and grant an O.R. release (release on your recognizance), which means you don’t need to post bail.

However, because of the warrant, the client had to do a “walk-through.” This means that they will have to appear at the Clark County Detention Center to present themselves in order to be processed, and then they will be released. It is a pretty simple process. However, as the jail can be backed up, the process could take up to 12 hours.

Depending on the circumstances, if there is an arrest warrant and the client is out of state, the attorney may be able to get the warrant quashed without the client’s presence. The client only needs to return if they proceed to trial. Often, the court will accept a written entry of plea in misdemeanor cases so that the client does not need to return at all.

Entering A Plea

In the waiver of appearance and entry of plea document, there must be a waiver of rights that says, I recognize I have the right to remain silent and the right to proceed to trial, the right to call witnesses on my behalf, the right to confront the state’s witnesses and the right to make the state prove their case beyond a reasonable doubt. I waive these rights; the attorney can appear for the client and conclude the case.

In some cases, depending on the situation, a suspended sentence may be imposed. (If the client does everything he is supposed to, there will be no jail time.) For instance, if someone pleads guilty to a crime, such as misdemeanor possession of a controlled substance, he will usually attend and complete drug counseling, pay a fine, and agree to stay out of trouble. If he doesn’t complete all the requirements, he will be convicted of the crime, a suspended sentence will be imposed, and a jail sentence must be served.

In this situation, the attorney must make a written plea entry for an out-of-town client. But, if the case is resolved and there is no suspended sentence, the attorney can enter the plea on behalf of the client without a written agreement. For example, the attorney may say, “Your Honor, I have authority to enter this plea. My client will plead no contest to possession of a controlled substance, will pay a $500 fine, and will complete lower court counseling.”

In other cases, the attorney can make a deal ahead of time; the matter can be closed during the first court appearance. The attorney would say, “Your Honor, here is the completion certificate for the lower court counseling. I had my trust account checked for a $500 fine. At this time, I move to have the case dismissed.” The attorney will then present the judge with an order dismissing the case and, at that time, would be able to seal the record.

Types of Arrest Warrants

Often issued by a judge or magistrate, a police officer may employ an arrest warrant as evidence to apprehend a defendant suspected of committing an offense, such as a felony, misdemeanor, or traffic ticket violation. These legal documents, often executed with handcuffs, authorize the officer to detain the individual named in the warrant. The process involves a statement of reason for the charge, typically leading to an arraignment where the defendant is formally informed of the charges. Arrest warrants are critical for addressing violations while preserving constitutional rights and ensuring the enforcement of justice. This section will investigate the various categories of arrest warrants and what they entail.

General Arrest Warrant

A general arrest warrant is issued when law enforcement has probable cause to believe that an individual has committed a crime but does not have immediate custody of the suspect. This type of warrant frequently follows investigations and enables officers to apprehend the individual at any time or location.

Frequently encountered situations include:

1. Theft
2. Assault
3. Fraud

Bench Warrant

Bench warrants are frequently issued by a judge when an individual neglects to adhere to court orders. In contrast to general arrest warrants, bench warrants are typically the result of procedural issues rather than new criminal activity.

Common causes for issuance include:

1. Failure to present in court
2. Disregarding a subpoena
3. Disobeying probationary conditions

Bench warrants are in effect until the individual resolves the underlying issue, which may involve appearing in court or paying outstanding fines.

Search Warrant with Arrest Authorization

Key distinction: These warrants are dual-purpose, combining search and arrest permissions to simplify law enforcement procedures.

Warrant for Civil Arrest

In contrast to criminal arrest warrants, civil arrest warrants pertain to non-criminal matters. These warrants are frequently issued in instances of contempt of court, such as the failure to fulfill court-ordered obligations, such as child support.

Examples of civil cases that resulted in warrants include:

1. Alimony that is not paid
2. Disregarding settlements that the court has mandated

Fugitive Warrant

A fugitive warrant is issued when an individual flees to another jurisdiction to evade prosecution or detention. These warrants enable law enforcement to work together across state or international borders to apprehend the individual.

Frequently employed in:

1. Cases of extradition
2. High-profile criminal investigations

Capias Warrant

A capias warrant is issued when an individual must be taken into custody to compel them to comply with court requirements. The term is derived from the Latin “capias,” meaning “to take.” This is a frequent occurrence in cases involving unpaid penalties or judgments.

Primary application:

1. Collection of overdue judgment payments
2. Enforcement of civil judgments

Warrant for Alias

No-Knock Warrant

Despite their contentious nature, no-knock warrants enable law enforcement to enter a property without prior notification. Although they are not exclusively concentrated on arrests, they frequently involve the capture of suspects during high-risk operations.

Typically employed for:

1. Drug-related offenses
2. Cases that involve violent suspects

What to Do in the Event of a Warrant Issued Against You?

Being the subject of an arrest summons is a grave offense. To effectively address it:

1. Contact counsel or consult with local authorities to confirm the warrant.
2. Seek the advice of a legal professional to comprehend your rights and devise a plan.
3. To prevent the situation from becoming more severe, respond promptly.

Conclusion

In summary, an arrest warrant authorizes law enforcement to confine an individual suspected of committing a crime, including misdemeanors. It is crucial to address any arrest warrants issued against you promptly. Make the necessary arrangements at the police station and comply with legal requirements to avoid further complications. Ignoring the warrant can result in unexpected arrests, additional charges, or missed court dates, making the issue harder to resolve. Consulting an experienced criminal defense attorney is one of the best ways to understand your situation, navigate the legal process, and work toward a resolution.

Frequently Asked Questions

Is it possible to contest or revoke an arrest warrant?

Indeed, with the assistance of an attorney, it is possible to contest the validity of a warrant, mainly if it was issued without proper cause or due process.

What consequences will I face if I surrender myself for an arrest warrant?

As evidenced by your turn-in, cooperation may be advantageous during court proceedings. Your attorney can assist you in preparing for and reducing the potential repercussions.

Is it possible to complete an arrest warrant without being apprehended?

I have an arrest warrant. How can a counselor assist me?

What consequences may result from disregarding an arrest warrant?

If an arrest warrant is issued against me, am I permitted to depart the States?

Leaving the state with an active arrest warrant can exacerbate your circumstances, mainly if the warrant is extraditable. It is advisable to complete the warrant before traveling.

Is it permissible for law enforcement to enter my residence to get an arrest warrant?

Indeed, law enforcement can enter your residence to get an arrest warrant if they suspect you are present. Nevertheless, they are generally required to adhere to legal procedures, such as providing notice of their presence, unless the warrant specifies otherwise (e.g., a no-knock warrant).

If I am apprehended on a warrant, will I be required to remain in custody?

The nature of the offense and the bond establishment are the determining factors. You may be released after paying a fine or posting a bond for minor offenses. In the event of more severe charges, it may be necessary to remain in custody until a court hearing.

Is it possible to verify an arrest warrant online?

In numerous jurisdictions, searching for active arrest warrants is possible through online databases maintained by the court or law enforcement. Nevertheless, consulting with a legal professional or the courthouse may be necessary in certain regions to confirm the information.

What distinguishes an arrest warrant from a summons?

An arrest warrant permits law enforcement to detain you, whereas a summons requires your voluntary court attendance. Failure to respond to a summons may result in the issuance of an arrest warrant. 

Understanding the Implications of an Arrest Warrant with Lipp Law LLC

We at Lip Law LLC acknowledge the stress and uncertainty accompanying the discovery of an arrest warrant against you. An arrest warrant authorizes law enforcement to detain you, whether due to missed court appearances, unresolved citations, or allegations of serious crimes, including felonies. Ignoring an arrest warrant can swiftly escalate penalties, such as unforeseen arrests, supplementary charges, and complications in resolving the underlying legal issues.

Contacting our firm is the first step in addressing your legal situation. While it does not automatically establish an attorney-client relationship, it allows us to understand your case and provide you with the best possible advice. Please contact us today to arrange a complimentary consultation. We are here to help you take the necessary steps to proactively address your arrest warrant and achieve the best possible outcome for you and your case.