How to Know if a Loved One Has a Pending Arrest Warrant
Knowing if law enforcement is searching for you or your loved one is important. It may shock you to find out how many individuals have outstanding arrest warrants but are entirely unaware of the situation.
It’s standard practice for employers to review criminal histories during the hiring process, which involves conducting background checks for arrest records. Being aware of whether a warrant exists beforehand can help you avoid any unpleasant surprises.
Moreover, knowing whether there’s a pending arrest warrant helps you and your loved one avoid embarrassment; officers can make arrests anytime, day or night, regardless of your social status.
What is an Arrest Warrant?
An arrest warrant is a legal document that a judge or magistrate issues, giving officers the go-ahead to detain a suspect. Judges must have valid reasons to issue a warrant, and the requesting officers are responsible for providing sufficient evidence.
With the warrant, law enforcement officers can make arrests at any time and place, including in the individual’s home.
Reasons for Issuance of Arrest Warrants
There are several reasons why there might be an arrest warrant against your loved one’s arrest. The most common reasons include the following:
Failure to Appear in Court
This happens when the court summons your loved one, but they fail to attend. It may also occur when they breach their bail conditions, requiring them to appear for court proceedings.
Suspicion of a Serious Offense
Law enforcement authorities must establish probable cause to warrant the issuance of an arrest warrant on this basis. Such suspicion must involve serious crimes like theft, assault, or drug possession.
Failure to Pay a Fine
In some cases, a court may impose a fine or penalty as a result of a criminal conviction. Failure to pay the fine is sufficient grounds for issuing an arrest warrant.
Probation or Parole Violation
If your loved one is serving time in the community as a parolee or probationer, there are certain guidelines they must adhere to. For instance, they must meet with a probation or parole officer regularly. Some conditions also require them to avoid alcohol or engaging in criminal activities. Sex offenders must stay away from certain places like near schools.
The courts have the right to issue arrest warrants if these persons violate the terms.
How to Check for a Pending Arrest Warrant
There are several methods you can use to check if there is an existing arrest warrant against your loved one:
Local Law Enforcement Authorities
This is the most straightforward way to look for arrest warrants. Usually, courts issue arrest warrants to sheriff’s offices for execution. So, you can begin by visiting your county sheriff’s office and inquiring. You can also call the office with the specific request – the contact details are on the office’s official website. Even better, you can scroll through the website and retrieve the Records Department contact info.
During the execution of the warrant, the sheriff’s office may engage local police departments. As a result, you can carry out a warrant search through these departments, using similar steps to the ones above.
County Court
The county court also provides access to arrest warrant information via the clerk’s office. It keeps all court records and provides avenues via which public members can access the information.
Notably, the court clerk may demand specific documents before releasing the information, particularly in cases involving a third party. These documents serve as a form of identification and may include the following:
- Passport
- Driver’s License
- State-Issued ID
- Proof of Relationship to the Individual for Whom You are Checking
However, you can confirm these requirements with the clerk’s office via phone. You can get the contact details on the official website.
Some counties have made the process of obtaining arrest warrant information more convenient. They allow you to receive the details via email instead of visiting the clerk’s office in person.
Depending on your state and county, you may have to pay a service fee for information retrieval.
Online
With the advancement of technology, it is now possible to check for arrest warrants through online platforms. This offers a convenient and efficient way to access this information.
Most sheriff’s offices maintain such web pages on their websites. You can search as follows, depending on your county, “Hartford County Sheriff’s Office Arrest Warrants.” However, small counties may not have such services, so you’ll have to contact the office directly.
You can also utilize online platforms under court clerk offices. Like sheriff’s offices, these departments maintain websites for records search purposes. All you have to do is search the particular county clerk’s office with the words “arrest warrants” at the end. Alternatively, you open the clerk’s website and navigate to the public records section.
Third-Party Websites
Third-party sites often offer a range of services, including inmate search, criminal records, police records, and arrest information. The benefit of these sites is that they provide comprehensive information.
However, there are some downsides – for instance, the information may be outdated and hence unreliable. Additionally, some may charge service fees, which might be inconvenient. So, you need to cross-check the information on various platforms before relying on it.
Some notable third-party sites you can use include the following:
Attorney General’s Office
In some cases, the Attorney General’s office may keep records of arrest warrants, particularly if external jurisdictions issued them. You can rely on this option if you think your loved one may have committed an offense outside the current jurisdiction.
Attorney General Offices maintain online websites that you can use to retrieve their contact details for inquiries. The best option is via call or email address.
Hire an Attorney
In some cases, it may be advisable to hire an attorney to assist in checking for an arrest warrant. An attorney can provide valuable insights and guidance on the process and help ensure your rights are protected.
Usually, they have access to resources and information that is not available to the general public and can help navigate the legal system to obtain the information you need.
Of course, hiring an attorney can be expensive, so if you’re not ready to spend large amounts of cash, the abovementioned methods are more cost-effective.
Luckily, attorneys will take you through their charges, and it will be up to you to decide whether to proceed with the option.
Contact a Bail Bondsman
Bail bond agents often have access to databases that contain information on active arrest warrants. They can also offer information on the steps necessary to get your loved one out of jail if they are already in custody.
These agencies aren’t affiliated with the government, so ensure you understand the limitations of the information they can provide and any fees they may charge.
Responding to an Outstanding Warrant
If you find there’s an outstanding arrest warrant against your loved one, there are several steps you can take to respond and resolve the situation. But before you learn about the steps, you must explain to them what will happen if they fail to appear in court.
Here are some of the consequences:
Embarrassing Arrest
When executing an arrest warrant, law enforcement officers do not care about a person’s social status. This means they’ll arrest you regardless of the environment, work, or in front of your family members and friends.
Fines and Penalties
Sometimes, courts may issue arrest warrants and direct the arrestee to pay some fines and penalties for previous offenses. The fines and penalties can be substantial and can have long-lasting financial consequences. They can also lead to wage garnishment, tax liens, and seizure of assets.
Impact on Employment and Reputation
Employers must conduct background checks, which is part of the hiring process. The existence of such a warrant will likely affect the chances of getting the job. Additionally, the publicity and shame of having an arrest or warrant can harm one’s personal and professional reputation.
Managing the Situation
Follow the following steps when responding to an outstanding arrest warrant:
Contact an Attorney
An experienced attorney can provide legal advice, negotiate with the authorities, and help your loved one deal with the situation in the best way possible.
The attorney will help with the following:
- Court appearance at arraignment instead of police surrender
- Planning a self-surrender instead of arrest
- Assessing the bond situation like eligibility
Check if the Local DA has an Amnesty Program
This applies to bench warrants, where such programs may push for their removal or quashing. Usually, this applies to minor offenses like public drinking and encourages the offender to appear in court, which fastens the judicial process.
Arrange for a Bail Bondsman
Your criminal defense attorney will help you decide on the best bail bondsman to engage if the bail amount is high. Usually, bail bondsmen charge a 10-15% commission on the bail amount, which is a non-refundable fee.
Appear in Court
After posting the bail amount, it’s time to attend the set court proceedings. Note that you can only present yourself before the court that issued the warrant and must appear in person – you cannot send an attorney to represent you.
The court will then recall the warrant, and you’ll be free.
The Process of Quashing an Arrest Warrant
This is a situation where you ask the court to withdraw or cancel the warrant. The court will review the case and decide whether to grant the request.
Several factors come into play, but the most notable ones are a lack of probable cause and an error in the warrant issuance.
The process of quashing an arrest warrant typically begins with the filing of a motion to quash the warrant. Note that you can only file this motion in the court that issued the warrant, and it would be wise to use the services of an attorney.
If the court grants the motion, the authorities will withdraw the warrant, and the defendant will no longer be subject to arrest.
