In North Carolina, an active warrant is a legal document issued by a judge or magistrate. It directs law enforcement officers to arrest a specific person. The purpose of an active warrant is to bring someone accused of a crime before the court to face charges.
If you’re concerned about active warrants in NC, this article provides an overview of how they’re issued and what to do about them. We’ll cover how to search for warrants, what happens if you have one, and other important legal considerations in North Carolina.
How an active warrant gets issued in North Carolina
In North Carolina, an active warrant isn’t just handed out willy-nilly. Law enforcement has to follow a specific process to get one issued.
Probable cause requirement
The legal standard for getting a warrant is “probable cause.” That means law enforcement has to show a judge they have a reasonable belief that a crime has been committed and that the person named in the warrant likely committed it.
Evidence used to establish probable cause can include things like witness statements, physical evidence found at the scene, and police investigation reports.
Application and review
To get a warrant, law enforcement presents an affidavit to a judge or magistrate. This affidavit lays out all the evidence they have that supports their claim of probable cause.
The judge then reviews the affidavit. If they agree that probable cause exists, they’ll sign the warrant, giving law enforcement the green light to make an arrest.
Types of warrants
There are a couple of common types of warrants you might encounter in North Carolina:
- Arrest warrants: These are issued when someone fails to appear in court or is suspected of committing a crime.
- Bench warrants: A judge issues these when someone doesn’t comply with a court order.
Searching for active warrants in North Carolina
If you’re trying to find out whether someone has an active warrant in North Carolina, you should know that it can be tricky. There isn’t one single, statewide, publicly available online database that lists all active warrants in NC.
While you might find some information online, you have to keep in mind that it could be outdated or just plain wrong. It’s always best to double-check any information you find online with an official source.
County-level resources
Your best bet is to check for warrants at the county level. You can do this by contacting the Clerk of Court, the Sheriff’s Office, or the local police department in the county you’re interested in. Keep in mind that you may have to put your request in writing or even visit the office in person.
Third-party websites and their reliability
You’ll find plenty of websites that claim to offer warrant search services. However, you should be very careful about relying on these sites. The information they provide might not be accurate, and some of these sites could even be scams.
It’s crucial to verify any information you find on these third-party sites with official sources before taking any action.
Consequences of having an active warrant in North Carolina
An active warrant can really throw a wrench in your life. Here’s a look at some of the things that could happen if you have one floating around.
Arrest and Detention
If law enforcement officers know about the warrant, they’re authorized to arrest you. You could be taken into custody at your home, your workplace, or even during a traffic stop. After the arrest, you’ll likely be held in jail until you can go before a judge.
Legal Ramifications
The legal consequences really depend on what the underlying charges are. If it’s something minor, you might just have to pay a fine. But if it’s a more serious crime, you could be looking at jail time. An active warrant can also mess with other legal stuff you might have going on, like making it harder to get bail or affecting plea deals and sentencing.
Impact on Employment and Travel
Having an active warrant pop up on a background check can definitely hurt your chances of getting a job. And if you’re thinking about traveling, an active warrant can put a stop to that. Trying to cross state lines or leave the country could lead to your arrest and extradition back to North Carolina.
Legal considerations and defense strategies
If you think you might have an active warrant in North Carolina, it’s important to understand your rights and options. Here’s a look at some legal considerations and strategies.
Challenging the warrant
You may be able to challenge the validity of a warrant if it was issued without probable cause, contains errors, or was improperly executed. A lawyer can help you file a “motion to quash” — a legal request asking the court to invalidate the warrant.
Surrendering on the warrant
You can voluntarily surrender to law enforcement. To do this, contact an attorney and arrange a time to turn yourself in. Surrendering voluntarily may demonstrate cooperation and potentially lead to more favorable outcomes in court.
Seeking legal counsel
If you think you have an active warrant, it’s important to talk with an attorney as soon as possible. A lawyer can advise you on your legal rights, potential defenses, and how to navigate the legal process. An attorney can help protect your rights and interests.
Frequently Asked Questions
How long are warrants active in NC?
Generally, warrants in North Carolina don’t expire. They remain active until they are either served (meaning the person named in the warrant is arrested) or recalled by a judge. This means a warrant issued years ago could still be valid, so it’s always best to address any outstanding legal issues as soon as possible.
Can you look up active warrants in NC?
It’s tricky. There isn’t one single, statewide online database where you can just type in a name and see if there’s an active warrant. However, warrants are public record, so you could theoretically contact the clerk of court in each county where you think a warrant might exist and ask. That can be time-consuming, to say the least. Be mindful that if you suspect you have an outstanding warrant, contacting law enforcement directly isn’t generally recommended without first consulting with an attorney. An attorney can advise you on the best course of action and help you navigate the situation safely and legally.
Putting It All Together
We’ve covered a lot of ground here, from how warrants are issued in North Carolina to how you can search for them, what happens if you’re arrested on a warrant, and some important legal considerations.
If you have any reason to think there might be an active warrant out for your arrest, it’s essential to seek legal advice as soon as possible. A qualified attorney can explain your rights and help you navigate the legal process.
Understanding active warrants and how the legal system works is crucial for protecting yourself and ensuring that your rights are respected.