What Happens After a Warrant Is Issued: Legal Insights
When a warrant is issued, it means the court has given the police permission to take action, like arresting someone or searching a place. This happens when a judge believes there is enough reason, called probable cause, to do so.
Once the warrant is issued, the police can act on it. If it’s an:
- Arrest Warrant – they can take the person named in the warrant into custody.
- Search Warrant – they can search the specified location for evidence related to a crime.
The person named in the arrest warrant may be informed about the warrant and the reasons for it ahead of time. If you find out about a warrant or believe you have one, it is vital that you speak with our criminal defense lawyers so we can research the warrant and then create the best plan for moving forward.
If you’re arrested, you may be advised of your rights and taken into custody. Depending on the situation, you might be able to pay bail, you could get a written promise where you sign yourself out and this will allow you to stay free until their court date.
It’s crucial for anyone involved to understand their rights and seek legal advice if needed. This ensures they know what’s happening and how to handle the legal process. Our warrant lawyers are a phone call away at 336-379-0539.
Understanding Warrants
A warrant is legal document is intended to protect people’s rights, but it doesn’t always work that way. Warrants are court orders that allows the police to make arrests, conduct searches, or seize property. A judge or magistrate issues a warrant to make sure that these actions follow legal rules and protect your rights.
Warrants are given based on probable cause, which means there is strong evidence connecting someone to a crime. This requirement is supposed to ensure fairness and prevents actions based only on suspicion. Understanding what a warrant means helps you make informed decisions and have meaningful discussions with a criminal lawyer, keeping you aware of your legal rights and the justice system.
Types of Warrants
Warrants play important roles in the legal system:
- Arrest Warrants: Allow the police to arrest someone connected to a crime, based on evidence linking them to illegal activity.
- Search Warrants: Let authorities search specific places or items to find evidence.
Both types of warrants ensure that police follow the law and protect your rights. Knowing the difference helps you understand your rights and take informed actions if you’re involved in a legal situation. This understanding is helpful when talking to a lawyer.
Who Issues the Warrant?
Judges and Magistrates are responsible for issuing warrants, making sure legal actions are fair and well-regulated.
They review requests from police or prosecutors to ensure the evidence meets legal standards before approving a warrant.
Notification of a Warrant
When a warrant is issued, the police are quickly informed about what needs to be done. This happens through law enforcement systems that ensure fast communication between different units.
Key details like the person’s identity, the reason for the warrant, and where it applies are entered into central databases.
There are several types of processes that people are served with in Guilford County, NC:
- Criminal Summons – a summons is a piece of paper notifying you of charges but the nice part is you don’t end up arrested for it – you merely are served with notice of the charges via a summons or complaint and given a court date.
- Arrest Warrant – now an arrest warrant is where you end up placed in cuffs. Depending on several factors you may be entitled to bail or the ability to bond yourself out after your case goes in front of a magistrate. However, there are instances where they may give you no bond and you won’t be able to be released – to learn more about these situations, we recommend reading our No Bond page.
- Civil Complaint – also a situation where you aren’t arrested, like a summons, but merely served with paperwork notifying you of the civil issue against you and then provided a court date.
Police Procedures After a Warrant
After a warrant is issued, officers work quickly to find and arrest the person named in it, using all available resources. Depending on the level of the crime, this dictates whether or not law enforcement begins actively looking for you. They often team up with special units if it is a violent crime, to ensure their safety and other people who may be in the vicinity of them serving the warrant.
This careful planning is supposed to keep the process fair and also to keep situations from spiraling out of control. However, our criminal defense lawyer will tell you, often that is not the case – when things aren’t done correctly with a warrant – this is what creates opportunities for our clients or as the court system deems them, defendants in cases.
Arrest Process
Once a warrant is issued, the police are supposed to carefully follow procedures to find the person involved.
These steps are meant to ensure fairness and efficiency. However, things don’t always go as planned, and mistakes can happen, leading to unfair situations for our clients. It’s important to understand, that whether it’s being served with a summons or a warrant for arrest, law enforcement is doing their job but in a lot of instances they look at the person charged as a defendant which is the way the court system sees them.
Serving warrants can be a dangerous time for law enforcement and on occasion they may be over-aggressive to keep themselves safe or in order to acquire information. These bully tactics can create confrontational situations with our clients or the law looks looks at them once charged, criminal defendants.
In the U.S., roughly 56% of warrants are resolved within one week of issuance.
Search Procedures
A search warrant is a legal document that allows police to search a specific place for evidence related to a crime. It is issued by a judge and clearly states where the police can search and what they are looking for.
With a search warrant, officers can only search the areas and items mentioned in the warrant. For example, if the warrant specifies a particular room or item, they cannot search beyond those limits. The search must be conducted within a reasonable time frame, usually during daylight hours, unless the warrant specifies otherwise.
The goal is to ensure that the search respects privacy and follows legal guidelines, protecting your rights while allowing law enforcement to gather necessary evidence. But remember, the court system has already deemed you a criminal defendant and therefore, they may disregard your rights which creates avenues to attack down the road.
Your Rights When a Warrant Is Issued
A warrant allows police to take action and explains your rights. You can ask for a copy, which shows what can be searched or taken.
The Fourth Amendment protects defendants from unreasonable searches, ensuring a warrant is based on solid evidence approved by a judge. However, if they did not have probable cause – this can create an opportunity to suppress the search down the road.
Importance of Legal Representation
Securing expert legal representation can dramatically influence the outcome of your case. Attorneys possess the expertise and experience needed to safeguard your rights effectively.
With a dedicated attorney by your side, you gain the confidence and support necessary to face each phase of your case, fostering a sense of empowerment and clarity in the pursuit of a fair outcome.
Consequences of Ignoring What Happens When a Warrant is Issued
Disregarding a court-issued warrant can lead to significant and far-reaching repercussions. Failing to address a warrant may lead to expanded charges, introduce extra legal penalties, and even result in being designated a “fugitive from justice.”
Such outcomes can also adversely affect future employment and housing opportunities, as these records remain publicly accessible.
Turning Yourself In
If you decide to turn yourself in, it shows real courage and a willingness to deal with things directly. This can make the situation easier to handle and it can make a big difference when it comes to having a bond set and the amount of that of that bail bond.
By taking this step, you’re showing you’re not running from the case, it gives our criminal lawyers something we can later present to a district attorney or judge as a positive about the fact that you’re not running from it. It helps to take the edge off of being a criminal defendant and gives you a little more power in the court process.
What Happens in Court?
When you go to court, you’ll go through clear legal steps. Everyone involved needs to participate to keep things fair and clear.
Having a defense lawyer is important to help you through each court hearing, because a criminal lawyer can look at evidence, review police reports, and handle the legal proceedings often without you having to be present.
How to Resolve a Warrant
Handling a warrant well begins with understanding its details. When you find out about a warrant, the first thing to do is talk to an experienced lawyer who can look at your case.
Our Criminal Lawyers have law enforcement contacts who will provide us with information about your warrant for arrest and will be able to advise on the best steps to take. Don’t just run up to the jail to be served with an arrest warrant – you may not be able to get back out of jail for a lengthy period – months if not years.
Frequently Asked Questions About What Happens After a Warrant Is Issued
1. What happens after a warrant is issued if I’m unaware it exists?
If you’re unaware of a warrant, it is advisable to regularly check with local law enforcement or consult reliable online databases where such records are maintained. Staying informed is key, as ignorance of a warrant is not seen as a valid defense in court.
2. How quickly do police act once a warrant is issued?
Police act with commendable speed and precision after a warrant is issued, ensuring that all necessary procedures are promptly initiated while upholding public safety.
3. What is the legal process after a warrant is executed?
Once a warrant is executed, the individual named is taken into custody, marking the beginning of the legal process. This process includes steps such as arraignment, pre-trial motions, and, when necessary, a trial.
4. How does an arrest warrant differ from a bench warrant?
An arrest warrant authorizes the arrest of a suspect based on strong evidence linking them to criminal activity, whereas a bench warrant is issued when an individual fails to comply with court orders, such as not appearing in court.
5. Can a warrant be issued without probable cause?
A warrant cannot be issued without probable cause. It is imperative that a judge or magistrate confirm that there is sufficient evidence to justify the action.
6. What steps should I take if I discover a warrant for my arrest?
Upon discovering an outstanding warrant, the best course of action is to immediately contact legal counsel. An experienced attorney will guide you through the appropriate next steps.
7. What are my rights during an arrest warrant execution?
During the execution of an arrest warrant, you are entitled to know the charges against you, to remain silent, and to secure legal representation. Exercising these rights is crucial to ensuring that due process is followed.