When you know there is a warrant out for your arrest, you live in constant fear. You don’t want your friends, family or co-workers to see you arrested. But you don’t want to give up your freedom, either. Ignoring a problem won’t make it go away, but that’s human nature. When we’re faced with a tough situation and we have no idea what to do… we do nothing. But that’s the worst thing you can do in this situation.
Don’t ignore it—ask an attorney for help
If you’re in over your head, don’t be afraid to ask for help. During your free consultation, you can at least find out what your options are. The criminal justice system is complex, but an expert criminal defense attorney can help you navigate the system—and possibly even have the warrant cleared.
Basically, an arrest warrant or a bench warrant is a court order that says you can be arrested. A court order is a decision issued by a judge, and it doesn’t expire. (A search warrant is a special exception—those only last 10 days.)
Don’t wait for it to expire—it won’t
Arrest warrants or bench warrant don’t have expiration dates. There might be a statute of limitations that says that you can’t be charged with a crime after a certain amount of time, but that still doesn’t make the warrant go away! You can still be legally arrested and sent to jail on an old warrant, even when you can’t still be charged with the crime.
What type of warrant do you have?
There are actually several types of warrants, so it helps to know what kind of warrant you have, and what the consequences are.
- Bench warrant- If you failed to appear in court without having a legally valid reason, or you failed to complete part of your probation, a judge can issue a bench warrant. The warrant is entered into a database and may show up if you are ever pulled over for a traffic stop, or arrested for some other reason. It never expires. After several years, it won’t be as easy to find—but it still remains on your record.
- Arrest warrant – If the police see you commit a crime, they can arrest you right there and then. If you aren’t picked up at the scene of the crime, an arrest warrant is issued and entered into a database. Like a bench warrant, it never expires.
- Search warrant- The police officer requesting a search warrant must have probable cause that a crime has been committed, and that the people, places or things to be searched are likely to conceal evidence of that particular crime. It expires 10 days after it is signed by a magistrate judge, and won’t be on your record.
Do I have to turn myself in?
You’ll want to talk to an experienced criminal law attorney about what your options are. Often an attorney can file a motion to recall the warrant and the judge will order the warrant to be quashed (stopped) and set a new court date. The attorney can also ask the judge to lower your bail or to grant you an OR release (own recognizance).
Unfortunately, if the crime was serious, you might still be arrested when you come to court, even if you bring an attorney with you. However, you will at least score some points for trying to do the right thing. Not only that, but you will have your attorney by your side, looking out for you.
Make an appointment today to set your mind at ease
Even when the statute of limitations is up on a crime, the warrant will still be on your record. You never know what will happen down the road, but you deserve peace of mind. If you need to talk to an attorney about your outstanding warrant, call Chambers Law Firm now to set up a free consultation.
