An arrest warrant lets the police take a person into custody because they’re accused of a crime. It’s an important step. Before a judge signs off on this, there needs to be enough probable cause to think that the person committed the crime and those reasons are laid out in the paperwork.
Once the judge approves and signs the warrant, it becomes official. You’ll find some things like the person’s name and location on the document and other facts that can help to find them.
With this warrant in hand, law enforcement can arrest the person wherever and whenever they find them. The warrant may include extra instructions or limits that the officers have to follow too.
What Is an Outstanding Arrest Warrant?
You should know that outstanding warrants are still active, even if they were first issued months or even years ago. It’s not something that goes away with time. So, an outstanding warrant is still considered valid, because it means that the person originally named hasn’t been arrested yet.
Because it always stays active, law enforcement can also use an outstanding warrant to arrest the person at any time or place where they’re found.
Let’s say that you get stopped for a traffic violation on the road – even for something minor. The police usually check for any outstanding warrants during these traffic stops. If you have one of these warrants, they can take you into custody, even if the traffic issue alone wouldn’t cause an arrest.
How Can a Warrant Be Outstanding?
You might just come across a few different reasons why a warrant is still active in the system. Sometimes a person doesn’t even know that there’s a warrant out for them in the first place. It happens frequently. Other times, someone could be actively staying away from the police to try to stay out of jail. It’s also possible that the police agency in charge just hasn’t entered the warrant into the system yet.
A few important things might change this situation, though. If the warrant wasn’t actually valid or if the person was already arrested and the paperwork got mixed up somewhere, then the arrest shouldn’t happen at all. Still accidents or delays don’t change the fact that law enforcement can move forward with an active warrant when they do find the person.
How to Check for Outstanding Warrants
An arrest warrant lets the police take someone into custody based on a judge’s order. If a warrant is outstanding, that means it’s still active and the officers can use it to arrest the person at any second.
You might not always know if there’s a warrant out for you or even how to check for it. It can be a tough spot to be in, especially when you first learn about it. That’s why it helps to learn how you can search for warrants yourself.
How Do I Check for Outstanding Local Warrants?
You can usually check for the warrants online by searching through the local records. Just make sure that you have as many facts as possible about the person you’re checking. If the online results aren’t clear or you want to be more certain, go ahead and contact the local court directly instead. Ask the court clerk if there’s an open warrant out for that person. You’ll still need similar information here as well – the names, dates of birth, or case numbers, if you have them with you. If you think that someone may have warrants in more than one place, you might need to reach out to a few courts to cover the bases.
These usually need you to get together as much information as you can about the person – like any case numbers related to the warrant – every bit helps. It makes the whole process much clearer and helps you get the results a bit faster.
How Do I Check for Outstanding Federal Warrants?
If you want to check for an outstanding federal warrant, you can reach out to the federal clerk of court’s office. You can also call or visit them in person and ask if there’s a warrant out for a name. Make sure that you have as many facts as you can about the person and the possible warrant before you reach out.
If you choose to visit the courthouse, you can get your answers more quickly – it’s a quick way to settle your mind – so consider going in if you’re nearby.
Remember that the federal courts are split into different circuits. If you think there could be warrants in more than one area then you’ll need to contact each of the circuits where you think a warrant might exist.
When you cover all bases, it helps you stay away from surprises later. If you check with each circuit, you’ll get a clearer picture.
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What if I Do Not Want to Risk Being Arrested?
If you just feel nervous about actually making the call because you think that you might get arrested, you can always ask a trusted family member or friend to check on your behalf. This is indeed a common anxiety and you’re not alone in feeling that way. You can also talk to an attorney, because they can find out more facts about the warrant for you.
Are There Consequences to Having an Outstanding Arrest Warrant?
If you have an outstanding warrant, you can get arrested at any moment – this could happen while you’re at your job, out buying some groceries, or anywhere else in your schedule.
You’ll need to address the original charge that caused the warrant and it doesn’t matter if it started as a misdemeanor or even a felony. That process moves forward once you’re taken into custody by the authorities.
Law enforcement often keeps an eye out for people who actively try to stay out of their reach.
Is There a Statute of Limitations on Criminal Charges?
Some criminal charges do have statutes of limitations, so these charges can eventually expire over time. However, other charges will stay open no matter how long time goes by.
But with outstanding arrest warrants, things work differently. The original charge will still stay active until the person is arrested. You can’t wait it out.
That’s because anyone who’s named in a warrant is then seen as a fugitive or on the run, which also keeps the case open.
How Do I Get Rid of the Outstanding Warrant?
The way that you manage a warrant just comes down to what kind of warrant it is. Not all are created equal. If you have a bench warrant, then you’ll usually need to go to court to take care of it. For some of the other warrants, you may be able to settle things by just paying a fine – a phone call might save you a trip downtown. You should still check the facts of your situation so you can figure out your next steps.
Are There Any Defenses Available Against Outstanding Arrest Warrants?
If you have a warrant out for your arrest, you might have a few possible ways to try to clear it – these things can just feel a bit stressful. If you missed your court date because of an emergency and you had a good reason, you might use that as your defense in court.
No matter what your reason is, you’ll also want to talk with a lawyer before heading to court or turning yourself in. That step isn’t optional in many cases. A lawyer helps you figure out your next steps and makes things a bit smoother for you too.
Should I Speak With an Attorney about My Outstanding Warrant?
If you’re considering going to the courthouse to check if there’s an outstanding warrant for you, you should also reach out to a criminal lawyer first. In many cases, a lawyer can actually step in and still help to sort things out for you. It’s a tough situation to be in.
When you try to resolve a warrant, it means that you might have to turn yourself in or pay a fine and sometimes your lawyer is able to manage this for you. Your lawyer will talk you through what the warrant is actually for and tell you about the best way to take care of it.
