QUESTION

What will happen if I have a warrant out for my arrest?

Asked on Jun 02nd, 2011 on Criminal Law - Western Australia
More details to this question:
I got a letter in the mail saying I have a warrant for my arrest. Now I have to go to court but I was in my recovery that was court ordered. I don't know what will happen. Will I just have to show them proof and a fine, or will I be arrested on the spot?
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Answered on Jul 12th, 2013 at 12:46 AM
What was the warrant for (what is the base charge?) And when you say "recovery that was court ordered," was it a drug program. There are some variables here and I would need to ask a few more questions to better answer you.

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Answered on Jun 07th, 2011 at 12:15 PM
If you are directed to go to Court in your letter, then your charges are possibly a misdemeanor or felony. (traffic tickets can do the same, but a letter like you describe is not typical). A misdemeanor of felony means that in the worst case, there may be jail time associated with the offense. (Although in many minor cases, where jail is possible, there is a sentence of probation). When you go to Court in response to the letter, you will be likely be arraigned, where the charges read, the maximum penalty explained, and the magistrate/judge sets bond. Your case will be scheduled for a future date for Pre-Trial or Preliminary Examination. When a client of mine gets a letter as you describe, I then contact the Court for more information. As the attorney, I am able to get information about the charges and then contact the Detective/Officer in charge. I am able to then negotiate a favorable bond, in advance, so that it is predictable what will happen when the client is presented on the warrant. The above explanation is typical for a letter such as you describe as may be sent in Michigan. If you are in another jurisdiction, it may be different. My best advice is to hire an attorney to do the above. Otherwise, you will be going to Court without information and run the risk of a high bond being set, being arrested, and being taken to jail. I hope that this was helpful.

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Answered on Jun 07th, 2011 at 11:27 AM
If you have received an arrest warrant, you are subject to arrest. If this is a minor matter, some jurisdictions allow parties to calendar the matter themselves or hire an attorney to do so. You can also pay the bail on the warrant.In some jurisdictions the police department has a "walkover program" if this is for a very minor case and the warrant is $5000 or less. Again, depends on the jurisdiction.

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Answered on Jun 07th, 2011 at 11:25 AM
You need to answer to the court. I do not know what the particular procedures are for the court that your case is through but typically you go on the record before the judge and explain the situation.

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Answered on Jun 07th, 2011 at 10:42 AM
If you voluntarily go to court it is unlikely you will be arrested.

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Answered on Jun 07th, 2011 at 9:34 AM
You need to hire a lawyer to consult with more specifically on your legal matter. Not hiring a lawyer is one of the biggest mistakes by people in your situation. I have specialized in this area of the law for over 30 years in your area and have seen how people regret the fact that they did not hire a successful attorney to help them in their time of need. One who represents himself has a fool for a client. Feel free to call me to answer any additional questions.

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Answered on Jun 06th, 2011 at 2:29 PM
Your options are to either run and hide, or get arrested and taken in cuffs to court on the warrant, or turn yourself into the court to handle it properly. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. If this is a paperwork mistake, it can be corrected if handled properly. If it is not, then effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

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Answered on Jun 06th, 2011 at 2:27 PM
If you have a warrant issued for your arrest, you should really sit down and discuss your case with an experienced criminal defense attorney to thoroughly evaluate your situation and determine a strategy for recalling the warrant and making sure you don't go to jail. I understand you were in court ordered treatment at the time the warrant was issued, which is great, but there may be some additional factors involved that aren't mentioned in your questions that could affect the answer. I hope this answer was helpful. Good luck.

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Answered on Jun 06th, 2011 at 2:21 PM
I was in court today on that exact same case and I can tell you if you bring along your Certificate of Completion from the Program, you'll likely have the warrant recalled and the case may be disposed of through a plea to a lesser charge and pay a fine - especially if the program was already court ordered. That sounds more like a clerk's mistake than a real warrant. Make sure to have the Court mark the Warrant as a clerical mistake or it could have a bad impact upon bail if you ever get arrested again. Good luck.

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Answered on Jun 06th, 2011 at 2:16 PM
You need to retain counsel to surrender forthwith.

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Answered on Jun 06th, 2011 at 2:00 PM
You should be able to quash the warrant without being taken into custody because you have good reason for missing court (your were attending court ordered treatment). You dont have much choice at this point: you have to go back to court and quash the warrant.

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Answered on Jun 06th, 2011 at 12:22 PM
We may be able to quash the warrant for you. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.

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Answered on Jun 06th, 2011 at 11:19 AM
You should hire an attorney before appearing in court. It may be possible for the attorney to contact the court ahead of time and negotiate to have the warrant removed in return for your promise to appear on an agreed upon date. In any event, an attorney will be able to advise you as to the potential consequences of making an appearance.

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Answered on Jun 06th, 2011 at 11:10 AM
Of course you are subject to arrest at any time. They usually will look for you at your home, your work or when you get stopped for a traffic violation. You have four choices to resolve the problem: hire a bondsman to post bail pay the bond turn yourself in. do nothing and wait for the shoe to drop It is sometimes possible for a good attorney to get the case back on calender without doing any of those things.

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Answered on Jun 06th, 2011 at 10:29 AM
It sounds like you have a good argument to convince the court to quash the warrant with that being written the nature of the charge and your failure to appear history are other factors the court will consider in deciding whether to have you booked.

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Answered on Jun 06th, 2011 at 10:24 AM
I would recommend retaining legal council to assist you with this matter. The best way to deal with a warrant is to voluntarily turn yourself in at the court to be arraigned. If you do not turn yourself in, then the police may ultimately just arrest you, put you into custody, and you may need to wait a significant period of time prior to being arraigned. If this warrant was a result of conduct during a pending case or post-closing and you had an attorney, contact your attorney. The possible consequences depend on why the warrant was issued, the particular policies of the judge, the type of charges, etc. You should consult with your attorney or retain an attorney to assist with this matter.

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Answered on Jun 06th, 2011 at 10:09 AM
if you have a warrant out for your arrest, the cops have the power to arrest you anywhere, including your own home or where you reside absent exigent circumstances barring a warrant.

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Answered on Jun 06th, 2011 at 9:29 AM
The court should accept your explanation, especially if you can document it. Call the court or hire a lawyer.

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Answered on Jun 06th, 2011 at 9:06 AM
The fact that there is a warrant for your arrest would allow an officer to arrest you and place you in jail pending your appearance in court. The real question is why was a warrant authorized in the first place? If it was authorized for your failure to appear in court, then documentation as to why you did not appear may be helpful. At a court hearing, you will be provided with an opportunity to explain the situation to the Judge. Since I'm not familiar with which court this is in, i cannot comment on what might be a likely result.

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Answered on Jun 03rd, 2011 at 12:33 PM
An attorney can assist in having a bench warrant removed in some cases. It is best to hire an attorney before the warrant is executed.

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Answered on Jun 03rd, 2011 at 12:32 PM
If there is a warrant out for your arrest you are subject to being arrested at anytime, so you will certainly want to have the warrant quashed sooner than later. The method of quashing a warrant varies from court to court. The underlying charge that resulted in the warrant will also play a role as well as your criminal history and any past failure to appears you may have. Quashing your warrant may be as simple as appearing on a motion calendar and explaining your absence to the judge, or you may have to post bail. You should consult an attorney that practices in your jurisdiction for more specific advice.

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Answered on Jun 03rd, 2011 at 12:32 PM
Is it a warrant for a new charge or is it a warrant because they are saying that you did not do what you were ordered to do at sentencing? If it is the second and you have done what is required then all you have to do is go to court with proof that you have complied.

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Answered on Jun 03rd, 2011 at 12:32 PM
What is the warrant for? Is it for a crime or for failure to appear to a court date? You will have to turn yourself in sometime in order to get it taken care of one way or the other. An experienced criminal attorney can help you with the process or present any valid defenses you may have.

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Answered on Jun 03rd, 2011 at 11:48 AM
It could be either. That's why it is better to have a lawyer bring the proof to court for you, because if you're not there, the option of taking you in right then and there isn't available to the Judge.

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Answered on Jun 03rd, 2011 at 11:48 AM
Only the biggest clown Judge around would arrest you. There are some, unfortunately. I would estimate that about twenty-five percent of Judges on the bench have no business in the world being there. Bring solid proof that you were living at a rehab facility, and that you could not leave, or did not get notice of the hearing. You need a free consultation with an experienced Criminal... I mean Criminal Law Attorney. Call one in your area.

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Answered on Jun 03rd, 2011 at 10:18 AM
It is possible you could be arrested when you show for court but most likely you will need to explain why you were not at the court appearance you missed and a new court date will be set. It is also possible to have an order signed by the judge that will quash the warrant and set a new court date which will alleviate the need to show for the warrant hearing.

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