This is not a good way to live. An arrest warrant, which is signed by a judge or a grand jury, declares that someone has a charge against them, and that law enforcement is authorized to detain and arrest them if and when they come across them. We sometimes get the question — if an arrest warrant was issued against someone a long time ago, what are the chances that it is still in place?
It depends on the nature of the charge. While there are some differences from state to state, most arrest warrants that are associated with a felony charge never expire. If you have avoided detainment after being involved in a serious crime in which you were identified, chances are that, even years or decades later, a routine stop by police will result in that warrant showing up and action being taken against you. Misdemeanor warrants may be treated differently, with a day or one year expiration date established when it was issued.
Local law enforcement along with all other state and federal criminal justice organizations, make use of the NCIC National Crime Information Center database to search for warrants and related records on people that they stop. While the prospect of going to jail may be scary, your criminal defense lawyer can represent you and help you address your warrant. We can start by helping you learn if your warrant can be recalled and if your case can be resolved without your even appearing in court.
It could even result in better treatment—and lesser penalties, if you decide to enter a plea. Answering your warrant now gives you and your lawyer time to prepare a strong defense, too. You may have more time to gather evidence, talk to witnesses, and prepare for your day in court. You may even consider avoiding the warrant, hoping that it will all blow over.
Unfortunately, your case may not be that simple, and you may face more penalties for failing to answer your arrest warrant. Luckily, the lawyers at Hersem Law are here to help. We can even offer a free strategy session, where we can discuss your warrant and your best options. In August of this year, a Florida man wanted for murder in another state was arrested in Kentucky after being pulled over by police for suspicion of driving under the influence DUI.
His warrant information was entered into the database earlier that same day. Police in Mayfield, Kentucky arrested a man wanted in Indiana after they identified him and ran his information on their computers. The power of the warrant does not stop at a state line. You may have to pay a fine but it is unlikely things will escalate much beyond that. With stolen identities being so common, it pays to make sure your name is in good standing with the law.
In addition to the FBI, each state has its own database of warrants that police use for active warrant searches during stops. While there is a host of online warrant searches you can use, the information is often outdated or completely wrong.
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