Arrest Warrants
Arrest Warrants: What They Are and How They Work
Getting arrested sucks. One minute you’re just living your life, the next there’s a cop at your door ready to take you to jail. But how does that happen, legally speaking? It all starts with a little piece of paper called an arrest warrant. Let’s break down what these things are and how they can totally ruin your day.
What is an Arrest Warrant?
An arrest warrant is basically permission for the police to arrest you. It’s issued by a judge and gives law enforcement the authority to deprive you of your freedom and drag you to jail to await trial. Kinda scary right? Here’s a quick rundown of what a warrant includes:
- Your name and address
- The specific crime you’re accused of
- Instructions to bring you before the court
- The judge’s signature
It’s like the judge is saying “Yep, I’m convinced this person probably committed a crime, go get ’em officers!” Not something you want your name on, trust me.
When are Arrest Warrants Issued?
For a judge to issue a warrant, the police have to show probable cause that you committed a crime. What the heck is probable cause? Basically just legal jargon meaning there’s enough evidence to suggest you may have broken the law. Could be an eyewitness, surveillance footage, your fingerprints at the scene, a positive drug test, etc. The evidence doesn’t have to be rock solid, but it can’t just be a random hunch either. Probable cause is somewhere in between there.
Once the police have probable cause, they take it to a judge and be like “Yo, check out all this evidence against my man Steve over here. We’re pretty sure he robbed that bank last week, can we arrest him?” Then the judge reviews the evidence and if they agree it reaches probable cause, they’ll issue a warrant.
How are Arrest Warrants Executed?
Alright, the cops have a warrant with your name on it. Get ready for a fun surprise next time you answer your door! Warrants are usually executed by the police just showing up at your residence and arresting you on the spot. They may knock and ask you to come outside, or if it’s a really serious crime they might opt for the dramatic door-knocking-down, guns-blazing arrest. Either way, you’re not gonna have a good day.
If the police don’t know where you live, they may pull out all the stops to find you, using phone records, surveillance, talking to your friends and family, even posting your picture on crime TV shows and social media. A warrant means you’re a wanted man, and it’s usually just a matter of time before you’re caught. You can run, but you can’t hide from Johnny Law forever!
What Happens After You’re Arrested on a Warrant?
Brace yourself for getting booked into jail. You’ll have your fingerprints and mugshots taken, and probably spend at least one night locked up before seeing a judge. At your first court appearance the judge will read the charges against you and may set bail, meaning you’ll have to pay money to be released until your trial. If you can’t afford bail or the judge denies it, you’ll chill in jail for weeks or months until your court date. Fun!
During this time your lawyer will try to get evidence and witnesses together to fight the charges against you. But winning at trial is never guaranteed, so many people choose to plead guilty in exchange for a lighter sentence, even if they didn’t do it. Crazy right? The moral here is you realllly want to avoid getting arrested if you can.
Can You Fight or Avoid Arrest Warrants?
So the cops are looking for you, you just wanna Netflix and chill, now what? Here are some options if you have an arrest warrant:
- Turn yourself in – Man up and face the music. Talk to your lawyer and voluntarily surrender to the court. Judges may go easier on you if you do this.
- Negotiate surrender – Work with your attorney to arrange a surrender that’s on your terms. For example, meeting police at the courthouse so you avoid getting perp-walked in front of your neighbors.
- Challenge the warrant – File a motion arguing there’s no probable cause. If you win, the judge will throw out the warrant.
- Wait it out – Warrants eventually expire. Lay low and wait for the heat to die down.
- Flee the country – Desperate times call for desperate measures. Grab your passport and go on the lam until you can prove your innocence.
Your lawyer will advise the best route based on your charges and situation. But unless you have an ironclad case for getting the warrant dismissed, doing the hokey pokey to avoid arrest usually causes more legal headaches in the long run.
Some Key Facts About Arrest Warrants
Here are few quick tips to know about arrest warrants:
- Police nationwide share warrant information, so moving to another city won’t help you evade the long arm of the law for long.
- Judges can issue warrants for both misdemeanors and felonies. Even minor crimes can land you a cell for the night.
- Cops usually don’t need a warrant if they actually witness you committing a crime.
- Bench warrants are issued when you miss a court date or violate probation. Never blow off the judge, man.
In Conclusion
Arrest warrants are serious business and not something to take lightly. Even if you think the charges are bogus, fighting a warrant takes time, money, and legal help. And life on the run ain’t easy either. So follow the law as best you can, avoid shady situations that’ll get you in trouble, and maybe you can avoid the unpleasantness of getting arrested altogether!
Well, hope this gave you some insight into the not-so-fun world of arrest warrants. Stay safe out there! Unless you have an awesome getaway driver and some bomb false identities lined up. Then, uh, go nuts I guess?
References
Arrest Warrant – Wex Legal Dictionary