I'm Wanted!?
You may have an outstanding warrant for your arrest for several reasons. The most common reason is a new criminal charge that was filed before any arrest could be made. For example, if you wrote a bad check, and failed to make it good, the person holding the check could file a criminal complaint charging you with passing bad checks.
If you were identified by eyewitnesses as the person who committed a crime under investigation, the investigating officer might file a criminal charge and ask that a warrant be issued for your arrest. You might not know that such a charge was pending until you were arrested, but sometimes you find out in other ways.
If you are charged with a crime and miss a court date, the judge may issue a warrant for your arrest. This is sometimes also called a capias warrant or a bench warrant.
If you are on probation, and fail to report or fulfill other requirements, your probation officer may request a warrant for your arrest. You may or may not be aware that such a warrant has been issued, although you probably suspect that it has.
It can be frightening to know that you are wanted by the police, and that you might be arrested at any time. The circumstances of such an arrest can be inconvenient, expensive, embarassing, or devastating. You have no control over the time and place of your arrest if you ignore the warrant and wait to get caught.
What Do I Do?
Not all warrants have to result in physical arrest and time in jail. Bench or capias warrants can be recalled by the judge who issued them. A probation officer may have discretion to cite you to court if you surrender voluntarily. Some new criminal charges don't require physical arrest. Most misdemeanors are routinely cited to court if the officer feels it is safe to do so.
Even if your charge is serious, and a physical arrest is required, a good attorney may be able to negotiate bond in advance of your surrender, so that you can be processed and released quickly. The fact that you come in voluntarily instead of wasting the time and energy of the system is nearly always considered in your favor by the judge. This can affect the size of your bond, the type of plea bargain offered, and the length of any sentece imposed.
You can avoid the chance of an arrest in front of your children, your neighbors or your employer. You can arrange to have your attorney with you when you surrender, so you don't have to face police pressure to give a statement or to waive your rights.
An attorney should be able to advise you whether your warrant can be recalled or turned into a citation. She can discuss with you your options, and estimate or even negotiate what type of band you will have to post. She can arrange your surrender at a time and place that is convenient to you, and let you know what to expect from that point forward.
Don't wait until bad things happen to call an attorney. Take charge of your situation, and try to make a positive change in the outcome before you find your self locked up on an outstanding warrant.
Learn more about Arrest Warrants and Criminal Arrest Procedures.
