If you're worried about having a bench warrant out for your arrest, you've probably already done some research into finding out whether or not there is one out for you. A warrant for your arrest is a legal document that authorizes police officers to detain you until you appear before a judge. It may be used if you fail to comply with a subpoena or summons. This mostly takes place with traffic violations like drunk driving.
How Do I know if There is a Warrant for My Arrest?
There is currently no central database or public record that allows people to search by name to determine whether they're wanted by law enforcement for criminal charges and their criminal history. If you fail to appear at a scheduled hearing, the judge may issue a warrant for arrest (a notice) ordering you to show up at a later time.
If you think you've missed a hearing, but haven't received notice, it might be wise to call the courthouse where your trial was scheduled. If there is an active court order for your detention, you may not know until the police come knocking at your door.
It’s just as important to determine if your arrest warrants are valid as it is to determine why they were issued in the first place. You can contact the court where the warrants were issued to learn more about them. However, the best course of action would be to hire a Greenville County criminal defense lawyer to investigate the reasons behind the warrants. Your lawyer may also assist you in speeding up the process by recommending the time of day to turn yourself to the police, based upon their experience with past clients.
How Do I Take Care of a Warrant Without Going to Jail?
If you're arrested for a crime in Pennsylvania, you may be able to get out of jail by posting bail. To check if you've been charged with a crime, visit the Pennsylvania Judiciary Web Portal and follow the case information link to the Public Web Dockets.
If you're facing charges, an experienced criminal defense attorney may be able to help you get out of jail sooner by working with the courts to set up a surrender date. They may be able to arrange for a quick appearance before a judge so that you don't have to spend any time in jail waiting for a bail bond to be posted.
If your lawyer can negotiate a deal with the judge that allows you to avoid going to prison, he or she might be able to get the legal issues of a warrant lifted.
This could include:
- Accepting a fine or paying a second fine
- Resolving the problem that led to the judge issuing the arrest warrants
- Going to court to face charges for an alleged crime
If you're facing charges, a criminal defense attorney might be able to help resolve them.
Is the Arrest Warrant Search Valid?
If they don't have an active search warrant against them, then you need to ask yourself why they're asking for your personal information. A good place to start would be with your local law enforcement agency. You can contact them directly through their official webpage. Alternatively, you could try contacting your local community court. They should be able to provide you with the details you require.
An affidavit explains the reasons why the authorities believe they have enough evidence to justify arresting someone. It must include details about the person who was arrested, including his or her name, address, date of birth, height, weight, eye color, skin tone, hair length, and any distinguishing marks.
Law enforcement officers must follow the rules set forth by the court before taking action against anyone. In most cases, police officers cannot arrest someone without a proper order from the judge. They cannot take action after 9:00 pm unless they have a valid order. They also cannot arrest someone if he/she lives within 1000 feet of any school. An order is needed to make an arrest. Probable cause is enough to make an arrest.
A criminal complaint is not the same as an indictment. The officer needs both kinds of warrants to perform a full body cavity check during an investigation. While the police can legally strip-searches your person during an investigation, they cannot legally strip-search your house or car without a valid court order. Violating your Fourth Amendment rights could lead to the dismissal of any charges against you. A search of your property that is not visible to the public is illegal unless you voluntarily allow them into your home or car.
Why is There an Active Warrant for My Arrest?
A criminal complaint is filed against someone who has allegedly broken the law. In order to file a criminal complaint, a person must make a statement under oath before a judge or magistrate. After filing a criminal complaint, the judge or magistrate issues a warrant for the suspect’s arrest if he believes the suspect has violated the law. An arrest warrant allows law enforcement officials to take the accused into custody without having to physically apprehend them. Arrest warrants are often used to detain suspects until trial.
What are Warrantless Arrests?
As with all other legal proceedings, not every case is treated equally. Some cases do not require a court order before they can take place. A typical warrant for arrest is issued when someone fails to appear in court or when they're indicted by a grand jury without any previous arrests or cases. These are often referred to as "silent indictments" or "x-indictments."
If an officer has probable cause to believe a crime was committed, and there’s no way to obtain a search warrant or seizure (warranty) then he can make an immediate apprehension. Also, if police see a crime being committed, they don't need a search or seizure to make an immediate apprehension. If an individual has been arrested without a warrant, he/she must be brought before a judge or magistrates within 48 hours. You can contact legal counsel during this period.
Questions for Your Attorney
If you discover you have an outstanding warrant for your arrest or aren't sure if you're wanted, contact your attorney immediately. Attorneys and private investigators are available to provide their clients with more criminal background checks than you may be able to get online. Remember that attorneys could charge you a significant fee, but the information they provide could prove valuable later on.
- Can a police officer not arrest someone without a valid outstanding arrest warrant?
- Are my criminal records taken into consideration when being accused or convicted of a felony?
- If the police didn't read me my Miranda Rights, what would happen?
- Can police show a single photograph of an arrestee to victims without having to show them any other photographs?
- Do I need to immediately go into a police lineup or can I protest?
- Can I get out of jail time or days in jail now?
It may be unpleasant, but you need to deal with your legal issues now. Not dealing with them means they will just get worse later. Ask your defense lawyer about the different types of warrants. At a police station, be careful of what you say over the telephone. If you fail to appear at the police station there will be bigger charges. If there is a felony warrant for your arrest, the chances are higher than usual that law enforcement officers from outside your local jurisdiction will be able to locate you.
It would be wise to contact both an insurance agent and a bail bonds person at once. Most often than not, insurance agents know which bail bonds people are reputable. They can either post the full bond or get a bail bondsman and pay 10% of the bond which is non-refundable.
Call Touma Law Group Today!
To call a criminal defense lawyer from a law firm that will help with outstanding warrant issues and seek legal advice, Touma Law Group can help you. Call (864) 618-2323 for a free consultation from a criminal defense lawyer from Touma Law Group offices today.