Most of the time, people are unaware there is a warrant for their arrest until the police show up to make the arrest. At other times, people discover there is an outstanding warrant before they are taken into custody.
It can be scary when you find out that you’re going to be arrested even if you’ve committed a crime. Learning more about arrest warrants, why you may be arrested, and what to do is critical to protecting your legal rights.
Types of Warrants in Virginia
In Virginia, there are two types of warrants to know about. One of them is an arrest warrant, which is signed by a judge after the police have gathered enough evidence to charge someone with a crime.
The other one is called a bench warrant. A judge can issue this type of warrant under certain circumstances, such as if you violate the terms of your probation. Regardless of the type of warrant for your arrest, you most likely won’t be notified.
In fact, you may get pulled over for a traffic stop only to find out there is a warrant on you, and they’re taking you into custody.
Why Are Arrest Warrants Issued?
Not everyone needs to worry about having a warrant out for their arrest. However, if any of the following circumstances apply to your situation, you’ll want to speak to a criminal defense attorney immediately.
There Is Probable Cause You’ve Committed a Crime
When law enforcement has gathered enough evidence to prove you played a role in a crime, they can issue an arrest warrant. Probable cause requires concrete evidence that proves their claims. What the police can’t do is arrest you for reasonable suspicion; they would need to get reliable evidence first.
Failure to Appear in Court
Failure to appear in court, or FTA, as it is sometimes called, is a bench warrant. If you do not show up for your court date, the judge can issue this warrant for your arrest. You don’t need to worry that the police will barge through your front door. The authorities will most likely add your name to a database that the police can access. If you’re stopped for another offense, such as running a stop sign, they will enter your name in the database when they pull you over. If they see you have a warrant, they will arrest you.
You Have a Warrant Somewhere Else
If you have a warrant in another state, leaving that state doesn’t make it disappear. Your home state can extradite you, and you’ll have to face those charges.
Failing to Pay Child Support
If you’re responsible for paying child support, these orders are legally binding, so you must pay it promptly. If a long time has elapsed since your last child support payment, you may wind up with a warrant out on you.
Probation Violation
When you’re on probation, it is imperative that you follow all the requirements. If your probation officer has found that you have violated your probation, they may alert a judge to issue a warrant. Sometimes, your probation officer may let you know about it ahead of time. It’s important to do the right thing, though you will want to speak with a defense attorney immediately to seek legal counsel on how to do that.
Steps to Take If There Is a Warrant for Your Arrest
Did you find out there’s a warrant out for your arrest? If so, you must act quickly to protect your legal rights.
Get a Lawyer
The first thing you need to do when facing arrest is to contact an experienced criminal defense lawyer. Preferably, find one with experience defending against the crimes you have been charged with.
A lawyer will provide expert advice on what you should do. They will also be present during interrogations. With the help of an attorney, you will have an expert defense that could result in reduced charges to a less serious offense or even for those charges to be dismissed.
Talk to a Bail Bondsman
For serious offenses, you will most likely need to post a bond to be released from jail. Some charges are especially serious, such as rape, murder, and robbery, which means a magistrate judge will not be able to set a bond. If a bond can’t be set, your lawyer will be ready to file a bond motion.
Surrender to the Police
Once you’ve consulted with your lawyer, you should turn yourself in. However, you must go to the correct jurisdiction because going to the wrong one may delay your release. If you have a warrant from out of state, you should contact defense attorneys in both states to see what steps to take.
Don’t Speak
Always remain silent once you have been arrested. Anything you say to the police may be used as evidence against you. While in custody, never speak about anything related to your charges with a cellmate or when using the phone in jail. The police reserve the right to record what you say on the phone while in custody, which they can use to bolster their evidence against you.
Additionally, you shouldn’t make any written disclosures. Save your discussions about your charges for your attorney; they will protect your privacy and rights.
When to Contact a Defense Attorney
The sooner you act, the better off things could be. Whether you’ve committed a crime or are being falsely accused, you need a lawyer immediately.
If there is a warrant out for your arrest in Virginia, don’t make a critical mistake that could further jeopardize your freedom. Contact an experienced criminal defense attorney in Prince William County to work through these steps and help you get the best possible outcome in your case.
If you have an arrest warrant out for your arrest in Michigan, please contact Attorney Shawn James Haff today at 616-438-6719.