How to Take Care of a Warrant Without Going to Jail

Law enforcement officers may issue a warrant for an individual’s arrest. That can be because they’ve broken the law, committed an offense, or failed to obey a court order. It may even be a minor infraction, such as a ticket. Still, it can get them detained. But is there no way out of this predicament? Keep reading to find out.

Warrant Without Jail

You can handle a warrant without going to jail, but you need a good criminal defense attorney. They can find the warrant and determine if it’s valid or not.

In other words, they might inspect the bases on which this warrant was issued and the cause, affidavits, judge or jury insurance, and suspect description.

If the police don’t follow the stipulations of the warrant or have probable cause, they can’t lawfully arrest you. Also, attorneys may be able to turn jail time into a probation period, house arrest, or else.

Bench Warrants vs. Arrest Warrants

Can we use both terms interchangeably? No, courts issue both for different reasons, so let’s unpack them.

What Is a Bench Warrant?

It’s a warrant to arrest and detain an individual. It’s called a bench warrant because it comes from the bench or judge. Judges issue these warrants because the person has disobeyed a court order, failed to pay a fine, violated their probation terms, didn’t complete their community service, refused to pay child support, missed a court hearing, or so.

So, what does the warrant mean? If you don’t clear it, law enforcement officers can take the person into custody and bring them before the court to discuss the issue. In the meantime, they might be held in jail or asked to pay a high bond.

What Is an Arrest Warrant?

Unlike bench warrants, arrest warrants are the result of criminal activity. Judges request a warrant for the person’s immediate arrest. The details may differ, so police officers may arrest them immediately or wait to do “warrant sweeps.”

By warrant sweeps, we mean that they might arrest several people with warrants. Then, they might be in jail until the agreed-upon procedures, release hearing, or so.

How Do You Clear a Warrant?

Well, that depends on the type of warrant you’re dealing with.

Bench Warrants

With bench warrants, you want to contact a good attorney. They can help you clear it, which is also known as “quashing” or “recalling.” As long as the warrant is caused by a failure to appear at court, make a payment, or a misdemeanor, they can go to court on your behalf.

Let’s say you’ve missed a court date. If you’ve had an emergency (like an accident), you can present proof of the situation’s date, time, and severity to the court. This should help you clear the warrant.

Other ways a court attorney might handle this include claiming you haven’t received the notice to appear in court, are unaware of the filed case, have adhered to the terms of your court order, or have been mistaken for someone else.

Arrest Warrants

When it comes to arrest warrants, clearing them might be a bit different. Of course, you need to hire a good defense attorney to help you. They’ll go over the situation and determine the best course of action depending on the severity and circumstances of your offense.

In the case of a felony, the defense attorney can’t replace the client in court as they try to clear it. However, they can be present with them.

Additionally, the attorney might advise them to turn themselves in rather than wait to be arrested. But if the situation isn’t that serious, they might attempt to set up a court date. This way, they can appear before the judge, resolve the warranty issue, and settle on an arrangement instead of jail time.

For instance, they might make payment arrangements if they haven’t paid for a ticket. Another course of action is to plead guilty, which should render them eligible for probation.

Then, they should stick to the terms of your probation order. These terms may include community service, house arrest, going to work, attending an educational course, paying restitution, and having a probation officer. By adhering to them, they won’t get jail time, and the offense won’t go on their permanent record.

Why Is an Attorney Important?

A good attorney knows which arguments to use with the judge, what evidence to present, and the proper procedures for recalling claims. For that reason, they can offer you tons of value and guidance.

Otherwise, it can get dangerous if you decide to take matters into your own hands. After all, a judge can put you in custody when you go to court to clear your warrant.

What Are Your Rights?

It’s crucial to learn your rights when it comes to arrest warrants. If violated, that makes your warrant invalid.

Firstly, the warrant must contain the information that explains the reason behind the arrest warrant, including the police affidavits, probable cause, and a detailed description of the suspect. If it doesn’t or some of it is inaccurate, the warrant becomes invalid.

Secondly, having an arrest warrant against you doesn’t grant an officer the right to search your property or vehicle, as that requires a search warrant. However, they can search you upon arrest.

Conclusion

Overall, it’s possible to clear a warrant without going to jail, whether that’s a bench warrant or an arrest warrant. The main takeaway is to consult a good criminal defense attorney, as they can help you through the situation. Depending on the reason for the warrant against you, they can invalidate it or get you a court hearing, financial arrangement, probation order, or other arrangements instead of jail time.