Understanding Warrants in Wisconsin
In Wisconsin, as elsewhere, warrants are serious legal documents with significant consequences, both for individuals and for the legal system as a whole. A warrant is basically a judge’s permission slip, authorizing law enforcement to take a specific action, such as making an arrest or conducting a search. This authorization is only granted when there is “probable cause” to believe that a crime has been committed.
Generally speaking, warrants in Wisconsin are considered public records. However, there are exceptions. Some warrants might be sealed to protect ongoing investigations or the safety of individuals involved.
This article will walk you through the different types of warrants you might encounter, explain how to perform a warrant check in Wisconsin, and outline some important legal considerations to keep in mind.
Types of Warrants in Wisconsin
In Wisconsin, as in other states, law enforcement officers may seek different types of warrants depending on the situation.
Arrest Warrants
An arrest warrant is a judge’s authorization for law enforcement to take someone into custody, based on the likelihood that they’ve committed a crime. The warrant names the person to be arrested and the crime they’re accused of. It’s the first step in the trial process.
Arrest warrants have to follow a specific format and procedure for service and documentation.
Search Warrants
A search warrant is a judge’s authorization to search a particular place for evidence of a crime. To get a search warrant, law enforcement has to establish probable cause and present an affidavit to a judge.
The warrant needs to include the judge’s name, the location to be searched, the items they’re hoping to seize, the date and time, and the judge’s signature.
Search warrants have to be carried out within five days of being issued, although extensions are possible.
Bench Warrants
Judges issue bench warrants when someone doesn’t show up for court. The warrant stays active until the person appears in court.
Not showing up for court (FTA) or failing to pay a fine (FTP) can lead to a bench warrant and other penalties.
Capias Warrants
A capias warrant orders an officer to take a named person into custody.
How to Perform a Warrant Search in Wisconsin
If you need to know whether a warrant has been issued for you or someone else in the state of Wisconsin, you have several options. Here’s a look at some of the ways you can find out.
Official Online Resources
The state of Wisconsin offers a few online resources that you can use to search for warrants. These include:
- Consolidated Court Automation Programs (CCAP). Wisconsin residents can search for active warrants through CCAP.
- Wisconsin Circuit Courts Access (WCCA). WCCA offers a case search tool that may provide warrant information.
- Wisconsin Online Record Check System (WORCS).
Contacting Law Enforcement Agencies
You can also contact law enforcement agencies directly to inquire about warrants. Consider contacting:
- Local police departments and Sheriff’s Offices. Local authorities generally have access to warrant information.
- The Clerk of Circuit Court. Contacting the clerk is advisable when you’re trying to find a specific record.
Third-Party Websites
You may also be able to find warrant information on third-party websites. However, you should exercise caution when using these sites, as the accuracy and reliability of the information they provide can vary.
Always verify the authenticity of any information you obtain from a third-party service before taking action based on it.
Essential Information for Effective Searches
To conduct an effective warrant search, you’ll typically need to provide the following information:
- Full name
- City
- State
- Age
How long are Wisconsin warrants valid?
The lifespan of a warrant in Wisconsin depends on the type of warrant.
Arrest warrants
In Wisconsin, arrest warrants generally don’t expire. They stay active until they’re either executed or revoked by the court.
In other words, if a judge issues a warrant for your arrest, it’s likely to stay in the system until you’re arrested or a judge recalls the order.
Search warrants
Search warrants have a much shorter lifespan. In Wisconsin, law enforcement officers must execute a search warrant within five days of the date it was issued.
However, it’s possible to get an extension to that five-day limit.
Bench warrants
Bench warrants also have a limited lifespan. A Wisconsin bench warrant stays active until the defendant appears in court for arraignment.
Legal Considerations and Actions if a Warrant is Discovered
If you find out there’s a warrant out for your arrest, there are some important legal factors to consider.
Importance of Legal Counsel
First, if you discover there’s an outstanding warrant with your name on it, the best thing you can do is seek legal advice right away. A Wisconsin criminal defense lawyer can explain your rights and responsibilities under the law.
Surrendering to Authorities
If there’s an outstanding warrant, it’s often best to turn yourself in. This is especially true if you suspect you’ve violated a court order or if you think there’s a bench warrant out for you. Surrendering can show the court that you’re taking the matter seriously.
Consequences of Ignoring a Warrant
Ignoring a warrant can lead to serious penalties. For example, if you fail to pay court-ordered fines or restitution, you could end up in jail. Warrants are a crucial part of the legal system, so it’s important to address them promptly.
Public vs. Non-Public Warrant Information
It’s worth noting that not all warrant information is available to the public. For example, a warrant might not be made public if disclosing it could interfere with an investigation, put someone’s life in danger, or reveal the identity of a victim, witness, or confidential informant.
Frequently Asked Questions
What is a return on warrant in Wisconsin?
A “return on warrant” in Wisconsin refers to the documentation that law enforcement officers must submit after executing a warrant. It details what was seized or what actions were taken during the warrant’s execution and provides an inventory of any property taken. This ensures transparency and accountability in the process.
Are search warrants public record in Wisconsin?
Generally, search warrants and their accompanying affidavits are considered public records in Wisconsin once they have been executed and returned to the court. However, there are exceptions. A judge may seal a warrant to protect an ongoing investigation or the privacy of individuals involved.
How to search up for warrants?
Unfortunately, there isn’t a single, centralized online database to simply “search up” for warrants in Wisconsin. You’ll generally need to contact the relevant county’s circuit court clerk. Be prepared to provide identifying information and understand that clerks may have policies regarding the release of warrant information.
How do I check if I have a warrant in Wisconsin?
The most reliable way to check if you have a warrant in Wisconsin is to contact the circuit court clerk’s office in the county where you believe the warrant may have been issued. You can also consult with a criminal defense attorney, who can discreetly check for warrants on your behalf. It’s generally not advisable to directly contact law enforcement yourself, as this could potentially lead to immediate arrest.
Closing Thoughts
In Wisconsin, warrants are serious legal documents with specific procedures attached to them. It’s essential to know how to check for a warrant responsibly and what to do if you discover one issued in your name.
When searching for a warrant, always use official channels. Don’t rely on third-party websites or services that may be scams or provide inaccurate information. Contact the relevant Wisconsin law enforcement agency or court directly.
If you find a warrant issued in your name (or someone else’s), seeking legal advice is crucial. An attorney can explain your rights, help you understand the charges, and guide you through the legal process.
Warrants are a necessary part of the Wisconsin justice system, designed to protect citizens from unjust imprisonment while ensuring that the law is followed. Understanding how they work and what to do if you encounter one is essential for navigating the legal landscape in Wisconsin.