Warrants can be daunting, but there’s no need to panic. While facing a warrant may seem alarming, it’s not the end of the road. There’s a common misconception that you can just pay off a warrant, but this isn’t the case.
Many warrants can be resolved without incarceration with our help. If you have an outstanding warrant in Virginia, solutions are available. Let’s navigate this process together to find the best path forward.
Understanding Different Types of Warrants
Here are some common types of warrants you should know about:
- Arrest warrants allow police to arrest you and bring you before a judge. About 90% of warrants fall into this category.
- Bench Warrants: If you miss a court date or violate a court order, a judge can issue a bench warrant for your arrest.
- Search Warrants: These authorize police to search your property for specific evidence, often in criminal investigations.
- Traffic Warrants are issued when you fail to appear for breaking traffic rules, like speeding. Traffic warrants typically apply within the county where they’re issued.
Understanding these types of warrants can help you navigate legal situations effectively. Our team can provide guidance and assistance if you have questions or concerns about a warrant.
What Happens When There’s a Warrant for Your Arrest?
Under Virginia law, once a judge signs a warrant, police have the legal right to arrest you. This means any officer can take you into custody based on that warrant (Va. Code § 19.2-306). You’ll likely be taken to the nearest jail for processing. Usually, you’ll be taken to the nearest jail. There, you’ll go through processing—getting photographed, fingerprinted, and dressed in a jail uniform. It’s a challenging and demoralizing experience.
You’ll stay in custody until the police arrange a court appearance, which could take hours or days due to court schedules. Waiting in a cell can feel like an eternity.
When you finally appear before the judge, that’s your chance to explain your side of the story. But the arrest and time in jail have already been frightening and inconvenient.
Here’s the catch—warrants don’t go away on their own. Even if you try to stay out of sight, the warrant remains valid in the court system under (Va. Code § 19.2-306). It can linger for years, ready to be enforced whenever you’re found.
Can You Resolve a Warrant Without Going to Court?
You must appear in court before paying off or clearing a warrant. It’s natural to wish there was a way to settle a warrant without surrendering yourself. Consider paying a fine, posting a bond, or handling it by phone.
However, warrants are issued because of non-compliance with court procedures, such as missing a court date, owing fines, or violating probation. The court requires you to appear in person before a judge to address the issue adequately. Simply paying money or attempting to resolve the matter informally will not satisfy the court’s requirement. The only way to determine a warrant is by following formal court procedures.
Hiring a lawyer is your best chance to clear a warrant
Does this mean you’re doomed to sit in jail waiting for a court hearing? No. An experienced lawyer knows the details of the legal system, including prosecutors and the courts. They have methods for getting warrants recalled or quashed without you needing to appear before a judge.
Often, your attorney can reopen the original case and negotiate agreements with the prosecutor’sprosecutor’s office. They can work on resolving the old charge or probation violation that led to the warrant.
A good lawyer knows how to navigate the system properly to handle warrants through legal channels. Their expertise can keep you out of jail and help resolve your legal issues effectively.
Steps to Take if There is a Warrant Out for Your Arrest
Discovering that there’s a warrant out for your arrest can be unsettling. But you’re not powerless. Here are some proactive steps to take:
Consult an Experienced Criminal Defense Attorney
Your first step should be to find a qualified lawyer you can trust. A Virginia criminal defense lawyer helps you deal with the legal system properly. They can explain your options and represent your best interests in negotiations with the police and prosecutors. In some cases, warrants can be resolved without you going to jail. Every case is unique, so having a lawyer guide you is invaluable.
Consider Voluntarily Surrendering on the Warrant
For minor warrants, you can voluntarily surrender yourself to the court. The police will take you into custody, but you can often post bail and be released within hours. While this isn’t pleasant, it shows you take responsibility and can help reset your legal situation. Your attorney can advise you if this is the best option or if there are alternatives.
Attend Your Court Hearing
Attending the hearing is essential if a court date is already set for your warrant. Showing up demonstrates a willingness to comply with the legal process. Sometimes, the judge may withdraw the warrant when you appear. Having your attorney with you ensures the best possible outcome when facing the judge. It’s generally only advisable to negotiate with prosecutors with legal representation.
Consequences of Ignoring an Active Warrant
Ignoring a warrant won’t make it go away. Avoiding an outstanding warrant will only create more problems later.
Here are some potential consequences of letting a warrant hang over your head:
- Risk of Arrest: You could be arrested at any moment, such as during a traffic stop or when police check your name for any reason (Va. Code § 19.2-306).
- Additional Charges: Ignoring the warrant may lead to additional charges for obstructing justice (Va. Code § 18.2-460) or similar offenses.
- Permanent Warrant: The warrant will remain active indefinitely until you address it through proper court procedures (Va. Code § 19.2-306).
- Constant Threat: An outstanding warrant means you can’t fully move on with your life. The threat of sudden arrest looms over everything you do.
- Take Action: The only way to move forward is by tackling the warrant head-on through legal channels. A qualified lawyer can uphold your rights and offer help.
Frequently Asked Questions
Do Warrants Expire in Virginia?
No, warrants do not expire in Virginia. An old warrant can still be valid, leading to your arrest many years later. There is no time limit for outstanding warrants in the state.
Will Violating Probation Terms Result in a Warrant?
Yes, violating probation terms, such as missing meetings with your probation officer or testing positive for drugs, can result in the court issuing a warrant for your arrest under Virginia law § 53.1-137. Any breach of probation conditions could prompt a warrant.
How Often Do Police Check for Warrants During Routine Stops?
Police routinely check for warrants when interacting with you, such as during a traffic stop. Even minor stops can alert police to any outstanding warrants associated with your license and identity.
If I Have a Warrant, Do I Have to Go Straight to Jail?
Not necessarily. Surrendering yourself may be one option, but depending on your case specifics, your attorney may find alternatives to jail. Addressing the warrant is crucial; your lawyer can help you navigate the best course of action.
Take Action on Your Warrant – Contact Us Today
If you have an outstanding warrant, you face a crucial decision. You can let fear and uncertainty dictate your future. Or, you can regain control by seeking legal advice.
Our attorneys, the Law Offices of Krum, Gergely, & Oates, have extensive court experience defending your rights. We’ve quietly helped countless clients resolve warrants without seeing the inside of a jail cell. Contact Law Offices of Krum, Gergely, & Oates for assistance at (301) 840-0080 for a free case evaluation. Our bilingual attorneys are here to support you every step of the way. Your path to a fresh start begins today.
