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How to Remove a Warrant in Pennsylvania

March 21, 2024 Uncategorized

How to Remove a Warrant in Pennsylvania

If you have an active warrant in Pennsylvania—whether it’s a bench warrant or an arrest warrant—it can be a scary situation. But don’t panic! There are steps you can take to get the warrant removed so you don’t end up in jail.

First things first: Do not ignore the warrant. Hoping it will just go away won’t make that happen. And if you get pulled over or have any interaction with law enforcement, they will likely arrest you on the spot if the warrant comes up. So it’s important to take action ASAP to get it cleared up.

Check for Warrants

You can check for warrants against you through the Pennsylvania Judiciary Web Portal’s public case records. Just search your name in the “Participant Name” field and see if any active warrants come up. You can also call the court that may have issued the warrant and ask the clerk to check.

Understand the Type of Warrant

There are two main kinds of warrants in PA:

  • Bench warrants – Issued by a judge if you miss a court date or violate a court order.
  • Arrest warrants – Requested by police and approved by a judge if you’re suspected of a crime.

The process to get each type of warrant removed is a bit different.

Speak with a Defense Attorney

Before doing anything else, it’s highly recommended you speak with a criminal defense attorney. They can look at your specific case and advise you on the best way to get the warrant cleared. Here are some things they may be able to do:

  • Contact the court to schedule a hearing and get the warrant lifted
  • Negotiate with the prosecutor to dismiss or reduce charges
  • Work out a surrender to authorities that avoids jail time
  • Help you assert any defenses, like not getting proper notice of a court date

An attorney is key for navigating this properly and avoiding potential pitfalls.

Options for Bench Warrants

For bench warrants issued for missing court, you typically have a few options:

  • Voluntary surrender – You turn yourself in, then see a judge to get the warrant lifted and a new court date. Your attorney can arrange the surrender.
  • Motion to lift warrant – Your attorney files a motion explaining why you missed court and requesting the warrant be withdrawn.
  • Wait for arrest – Risky move that should be avoided! If you get arrested on the warrant, consequences will likely be worse.

Voluntary surrender is usually the best route. The judge may still impose penalties like fines or bail revocation, but it shows you’re taking responsibility.

Options for Arrest Warrants

Arrest warrants are trickier to remove preemptively. The police may be actively looking for you to make an arrest. Options include:

  • Voluntary surrender – Turn yourself in to police custody to get before a judge quickly.
  • Wait for arrest – Again, very risky. The charges will likely be harsher.
  • Assert innocence – If you believe you are innocent, your attorney may be able to argue against the charges and warrant.

Waiting it out is not recommended. Speak to a lawyer to arrange a safe surrender or build your defense.

What Happens When You Surrender?

When you turn yourself in on a warrant in Pennsylvania, here’s the basic process:

  1. You’ll be taken into police custody, booked, and fingerprinted.
  2. Within 72 hours (or the next business day if on a weekend), you’ll go before a judge for a warrant hearing.
  3. The judge will lift the warrant and may set bail conditions, fines, etc.
  4. If bail is granted, it can be paid to secure your release until further court dates.

Having an attorney present will help ensure the warrant hearing goes smoothly and fight for the most favorable outcome.

Act Fast to Resolve Your Warrant

The bottom line is: Don’t wait around if you have a warrant in Pennsylvania. The sooner you take action—with the help of a criminal defense lawyer—the better. You’ll have more options to avoid jail time; plus, it looks better to the court that you’re addressing it proactively. While warrants can be scary, they can be resolved with the right legal guidance. Don’t go it alone!

 

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RAJESH BARUA

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