Felony Warrant Search

An individual may be suspected of committing a criminal offense. If this is the case, the court may issue a warrant giving law enforcement authorization to arrest them and search them and their property for any evidence that may be associated with the offense. A felony warrant is a warrant that is issued for an individual who is suspected of committing a felony criminal offense, such as murder, felony assault, or armed robbery.

Must the Felony Warrant Have My Name on It?

Pursuant to the Fourth Amendment to the U.S. Constitution, an arrest warrant is required to be specific. This provides protections against arrests that do not comply with the requirements of the Constitution, false arrests and warrantless searches of private property, which the Constitution does not allow

At a minimum, a warrant is required to include the following information:

• The name of the person to be arrested;
• A description of the crime that the suspect is believed to have committed;
• A judge’s signature
• In some courts, the date and time when the warrant is issued.

If law enforcement does not know the name of the suspect, the warrant must provide a description that identifies them with reasonable certainty. This description must minimize the possibility of arresting the wrong individual for the crime.

Eligibility: A person would be subject to arrest on a felony warrant if the warrant is issued by a judge on the basis of a law enforcement showing of probable cause that a felony has been committed and that the person to be arrested committed it. The specifics of what constitutes probable cause is not the same in every situation, of course.

But there should be credible evidence to support the belief that a certain, identifiable person committed a certain felony offense.

Evidence/Documents: The evidence that law enforcement might present in support of an application for a warrant would include witness testimony, forensic evidence, such as DNA test results or fingerprints, surveillance footage, and documents or other written records that link the suspect to the crime.

Law enforcement must present this evidence to a judge to demonstrate probable cause that a felony has been committed and that the suspect they want to arrest is the likely perpetrator. The specific evidence would depend on the unique facts of the criminal offense.

What Is the Definition of a Felony?

In general, a felony is a criminal offense that can be punished by a term of imprisonment of one year or longer. Felony crimes are the category of crimes that include some of the most serious offenses that an individual can commit, including first-degree murder and arson. Crimes that do not rise to the level of a felony will typically fall into one of the two remaining categories of offenses, misdemeanors and violations.

What Are Examples of Felony Charges?

The laws of each state, as well as the circumstances surrounding each individual case, are two major elements that often factor into whether an offense is charged as a felony. There are, however, certain criminal offenses which are usually classified as felony offenses in most states, including:

• Property crimes, such as:
  • Grand theft;
  • Arson;
  • Vandalism;
• Drug offenses, such as:
  • Distributing;
  • Selling;
  • Trafficking drugs;
• Sex crimes, such as:
  • Sexual assault;
  • Human trafficking;
• Violent offenses, such as:
  • First-degree murder;
  • Second-degree murder;
  • Robbery;
• White-collar crimes, such as:
  • Embezzlement;
  • Securities fraud;
  • Tax evasion.

When Is a Felony Search Warrant Issued?

A felony search warrant is issued when law enforcement makes a request to the court to provide them with permission to search a particular place for evidence related to a certain criminal offense. In order to issue a warrant, a judge must be persuaded that law enforcement has presented enough competent evidence to prove the following:

• There is probable cause to believe that a felony criminal offense was committed;
• There is probable cause to believe that law enforcement is going to find evidence of the offense in the place they plan to search.

Again, law enforcement must present evidence of the type noted above to establish probable cause.

State Variations: The procedure to obtain a felony arrest or search warrant may vary to some extent from state to state, but the basic process is also much the same or very similar.

Process/Steps: Law enforcement must organize the evidence it has to establish probable cause. Officers then appear before a judge to present its case. The judge reviews the evidence. If they are satisfied that the evidence shows probable cause, the judge signs and issues the warrant. Warrants issued by state courts follow similar routines, often adding the date and time when the warrant is issued and the name of the issuing court.

Risks/Penalties: A person can arrange to turn themselves in if they learn that there is a warrant for their arrest. If they do not, they can expect to be arrested and taken into custody at any time.

Of course, if the person arrested is ultimately convicted of a felony criminal offense, they may be sentenced to a term of imprisonment, the payment of fines and other punishment.

Of course the person convicted would have a criminal record. Additionally, resisting arrest or attempting to evade law enforcement while a warrant is active can lead to additional charges and penalties.

When Is a Search Warrant Required?

As previously noted, law enforcement is generally required to obtain a search warrant prior to searching for evidence in areas or property wherein an individual has a reasonable expectation of privacy. A search warrant must be obtained prior to a search in order for the search to be considered legally valid.

Whether an individual has a reasonable expectation of privacy in a particular place depends largely on the facts and circumstances of the specific situation. There are, however, certain areas which have been established by case law that an individual is protected from a warrantless search and seizure by law enforcement, including:

• Their home
• Certain parts of a motor vehicle, such as a locked trunk;
• Hotel rooms; and
• Offices or other work-related premises.

What Is a Search?

In the context of criminal law, a search is an inspection of an individual’s property, personal belongings, body, or other area that an individual reasonably expects to be private and is conducted by law enforcement.

The main body of law that governs searches and search procedures is the Fourth Amendment to the United States Constitution and cases decided by the United States Supreme Court that interpret and apply this law. This amendment was enacted specifically to protect members of the public from unreasonable searches and seizures that may be carried out by law enforcement officers.

Generally, a law enforcement officer is required to have probable cause prior to conducting a search and to obtain a search warrant. However, there are a number of important exceptions to the warrant requirement that allow law enforcement to conduct a search for evidence of a crime without a warrant.

What Happens After a Felony Arrest Warrant Is Issued?

Once a felony warrant has been issued, law enforcement will attempt to locate the individual and serve the warrant. In many cases, individuals are taken in on warrants following a traffic stop.

If an individual is aware of a felony warrant for their arrest, they need to turn themselves in and appear in court with their attorney.

Costs/Fees: A person who has been arrested must be ready to post the bail in the amount ordered by the court if they can in order to be released from jail. If not, they would want to arrange with a family member or friend to help them make bail. If they cannot post bail, they are be kept in custody in jail until they can have a bail hearing at which they can request a reduction in bail.

Ultimately, however, if an arrestee cannot post bail, they would remain in jail until their case is resolved.

While the issuance of a felony warrant itself does not have a direct cost, associated legal proceedings can lead the arrestee to incur expenses. They may need a lawyer to represent them at an arraignment or a bail hearing.

Representation by a private criminal defense lawyer involves costs, of course. The amount depends on the case. If a person cannot afford to hire an attorney to represent them in defending a felony charge, they can tell the court and the court would appoint a public defender to represent them at public expense.

The Importance of Hiring a Lawyer: While an arrest or search warrant is usually valid and issued in accordance with legal standards, on occasion law enforcement or a judge may get it wrong, and the validity of a warrant should be challenged by a defendant in court.

An individual can research general information about felony warrants and understand their basic rights, but navigating the legal complexities of challenging a felony warrant is best handled with the help of a lawyer. A lawyer can assess the validity of the warrant, advise on legal options, represent the individual in court, and negotiate with law enforcement. Attempting to handle the case without a lawyer’s representation is not advisable.

Does a Felony Warrant Expire?

No, a felony warrant does not expire. However, other types of warrants do expire.

Felony warrants remain active until the suspect is arrested or arranges to surrender themselves to law enforcement.

What Is an Out-Of-State Felony Warrant?

An out-of-state felony warrant is a warrant that is issued in a state other than the one in which the suspect currently resides. If an individual is arrested with this type of warrant, they are required to attend an extradition hearing.

At an extradition hearing, a judge determines whether or not the defendant must be returned to the state in which the warrant was issued to face trial.

What Are Some Differences Between Misdemeanors and Felonies?

There are two main differences between felony offenses and misdemeanor offenses. The first difference is that a felony crime is typically more serious than a crime that is categorized as a misdemeanor.

This means that the main difference is the severity of the punishment that a convicted individual may receive if they are convicted.

Because felony offenses are considered more serious than misdemeanor offenses, it logically follows that the punishment of a felony is more harsh. If an individual is convicted of a misdemeanor, they may be required to pay criminal fines and may also receive a jail sentence of no more than one year.

If, however, an individual is convicted of a felony, they may receive a prison sentence of at least one year and as much as life in prison without parole. In addition, the criminal fines are appreciably larger than those which are imposed for a misdemeanor.

In California, a crime may be classified as a wobbler. A wobbler is an offense which may be charged as a felony or a misdemeanor depending on the facts.

Should I Talk With an Attorney About My Felony Warrant?

It is important to consult with a criminal defense lawyer for any issues, questions, or concerns you may have related to a felony warrant. Your attorney can advise you of the laws in your state and help negotiate your surrender.

Your lawyer will also represent you in court going forward in your case and help ensure your rights are protected. You may believe that you have a felony warrant issued for your arrest. If that is the case, your attorney can help you determine whether or not one exists by performing a felony warrant search on a felony warrant list or contacting a member of law enforcement who can provide the information. Your lawyer can then arrange for you to turn yourself in, in which case you can be prepared to post bail in order to be released or to request a bail hearing. You are better off navigating the system with a lawyer’s help.