The knowledge of an outstanding warrant for your seizure and arrest can have consequences far exceeding the criminal matter for which you may be sought. The psychological effect alone of knowing that: ‘someone is coming for you’, can be devastating. You can be arrested out of state for a minor traffic offense or without even violating the traffic laws after a random record check of your license or registration reveals a warrant. Being arrested out of state for a warrant in another state can result in incarceration for days, weeks or months while you await rendition (extradition). Individuals may be held for lengthy periods as a result of out of state warrants for minor offenses for which they were not facing incarceration in the state of issuance!
The court will usually issue a warrant for one or more of several reasons:
1. Failure to appear in court on a scheduled date;
2. Failure to pay fines or fees;
3. Violation of Probation or failure to abide by the terms and conditions of your release.
Typically warrant removal requires the defendant to appear before the court. This is often referred to as placing yourself in “jeopardy”. When you place yourself before the court, the court may reconsider the issue of bail, i.e. weather to hold you in custody, release you upon posting of bail or release you on your own recognizance. The court may also reconsider the issue of sentencing. Do not allow this to happen without an experienced attorney fighting for you!
In rare instances a default warrant may be removed without the defendant’s presence in court; however, this is the exception, not the rule, and depends heavily on the underlying criminal charge, the reason for your default, your lawyer, the presiding judge and or probation department.
If you have an outstanding warrant contact me at (508) 393-4162. I can help.
Attorney Mike Murray is an experienced, zealous and understanding advocate with over 20 years of Criminal Defense Experience.
Call me now at: (508) 393-4162.