What to Do If There Is a Warrant for Your Arrest

Learning that you might have a warrant out can be frightening. Handling it deliberately is almost always better than waiting to be picked up.

Types of warrants

• Arrest warrant: issued by a judge on a finding of probable cause that you committed a crime (Cornell LII, Fourth Amendment).
• Bench warrant: issued by a judge, usually because you missed court, did not pay a fine or did not follow a court order (Cornell LII). See bench warrants.
• Search warrant: authorizes a search of a place, not an arrest by itself.

How to check for a warrant

• Many sheriff's offices and court systems offer online warrant searches.
• Call the court clerk where your case was, or where the alleged offense happened.
• Have a lawyer check for you. Calling the police yourself can lead to arrest if you are asked to come in.

Why you should act quickly

• Warrants generally stay active until served or recalled.
• You can be arrested anywhere, including during a routine traffic stop.
• An arrest at an unexpected time can mean a weekend in jail before seeing a judge.
• Failing to address a warrant can lead to extra charges or higher bail.

How a lawyer helps

• Confirms the warrant and the charge.
• For bench warrants, may file a motion to recall or quash the warrant and get a new court date without your being arrested, depending on local practice.
• For arrest warrants, can arrange a voluntary surrender at a set time, often with bail ready, so you are processed and released faster.
• Prepares you for the first court appearance and argues for release on reasonable terms.

Turning yourself in

If you surrender:

1. Bring ID and a list of medications.
2. Leave valuables at home.
3. Arrange bail money or a bail bond agent in advance; see how bail works.
4. Do not discuss the case with police or other detainees. You have the right to remain silent and to ask for a lawyer.

What to avoid

• Do not flee or hide; it can lead to additional charges and makes bail harder to get.
• Do not resist if officers come to arrest you; see resisting arrest.

A criminal defense lawyer can often resolve a warrant with far less disruption than an unplanned arrest. See also what happens after you get arrested.

Sources

1. Cornell Law School LII: Arrest warrant
2. Cornell Law School LII: Bench warrant
3. Cornell Law School LII: Fourth Amendment