Can You Just Pay Off a Warrant? The Truth About Warrants
A warrant is a legal document a judge issues, giving law enforcement the authority to take a specific action. Usually, warrants are issued when there’s a good reason to believe a crime has been committed.
Many people think that if they have a warrant, they can just pay a fine and make it go away. But that’s usually not how it works. You can’t always just pay a warrant.
This article will explain why you can’t usually just pay off a warrant and what you need to do to resolve one. We’ll cover the different types of warrants, what happens if you ignore them, and the correct steps to take. Plus, we’ll talk about why it’s important to get legal advice and what to do if you discover there’s a warrant for your arrest.
The Warrant Breakdown: Types and Their Implications
There are several kinds of warrants, all with their own implications.
Arrest Warrants
An arrest warrant gives law enforcement the power to take someone into custody. Judges typically issue these warrants when there’s enough evidence to suggest someone committed a crime.
Arrest warrants are the most common type, making up about 90% of all warrants issued.
Bench Warrants
A judge issues a bench warrant when someone doesn’t show up for court or violates a court order. Missing a hearing can trigger a bench warrant, which can lead to immediate arrest and more legal penalties.
Search Warrants
These warrants allow law enforcement to search a specific place for evidence of a crime. To get a search warrant, law enforcement must demonstrate probable cause and be very specific about where they want to search and what they’re looking for.
Traffic Warrants
Traffic warrants are issued when someone fails to appear in court for a traffic violation or doesn’t pay a traffic ticket. Even though these might seem minor, they can still lead to arrest and suspension of your driver’s license.
Can You Simply Pay Off a Warrant?
The short answer is no.
Paying the fine associated with the original charge usually won’t make a warrant disappear. You almost always have to go to court to deal with it.
Here’s why: a judge issues a warrant, and only a judge can recall it. The court needs to figure out why the warrant was issued in the first place – usually because you didn’t show up for a hearing.
While you might end up paying fines or posting bond, that happens after you address the warrant in court, not instead of it. The judge will decide what happens next.
What happens when there’s a warrant out for your arrest?
If a judge issues a warrant for your arrest, the police can arrest you pretty much anywhere and at any time. That can include a traffic stop, your home, or even your workplace.
After they arrest you, they’ll take you to a local jail or detention center to “book” you. That usually involves taking your fingerprints and photograph and running a background check to confirm the warrant.
Next, you’ll go before a judge for an arraignment. The judge will tell you what you’re being charged with, explain your rights, set your bail amount (if applicable), and schedule future court dates.
The Importance of Legal Counsel
Dealing with a warrant, even if you plan to pay it, is best done with the help of an attorney. Here’s why:
Navigating the Legal System
The legal process surrounding warrants is complicated and confusing, and an attorney can help you understand your rights and options. A lawyer can also negotiate with prosecutors to reduce charges or penalties, or advocate for alternative resolutions such as community service.
Avoiding Unnecessary Jail Time
An attorney can work to get you released from custody as quickly as possible, either on your own recognizance or by posting bail. They can also present mitigating circumstances to the court and argue against jail time, or explore alternative sentencing options such as probation.
Protecting Your Rights
An attorney will ensure that your rights are protected throughout the legal process. This includes the right to remain silent, the right to an attorney, and the right to a fair trial. In some cases, a lawyer may even be able to challenge the validity of the warrant itself based on lack of probable cause or procedural errors.
What to do if there’s a warrant out for your arrest
If you think there might be a warrant for your arrest, here’s what you should do:
- Talk to a lawyer. This is the most important thing. A lawyer who knows criminal defense can look at your situation and tell you what to do.
- Consider turning yourself in. Showing up voluntarily can demonstrate to the court that you’re taking responsibility. But only do this after you’ve spoken to your lawyer. They can arrange things so you spend as little time in jail as possible.
- Go to your court date. It’s really important that you don’t miss any court dates. Not showing up will only make things worse. Your lawyer will be there to represent you.
What happens if I ignore a warrant?
Ignoring a warrant won’t make it disappear. In fact, it will probably just make things worse.
Escalating Penalties
Failing to address a warrant can lead to new charges, like “failure to appear.”
Increased Risk of Arrest
The longer you ignore a warrant, the more likely you are to be arrested. Police officers often check for warrants during traffic stops and other routine interactions.
Permanent Record
A warrant and any related charges become part of your permanent criminal record. This can affect your ability to get a job, rent an apartment, or obtain certain professional licenses.
Frequently Asked Questions
Do Warrants Expire?
Nope, warrants generally don’t expire. They just hang around until you deal with them in court.
Will Violating Probation Terms Result in a Warrant?
Yep, messing up your probation can definitely land you with a warrant. It’s a serious deal, so talk to your probation officer and lawyer ASAP.
How Often Do Police Check for Warrants During Routine Stops?
All the time! Cops routinely check for warrants when they pull you over. That’s why it’s important to clear up any outstanding warrants quickly.
If I Have a Warrant, Do I Have to Go Straight to Jail?
Not always. A good attorney can often work with the court to keep you out of jail while your case is ongoing.
Frequently Asked Questions
Can you pay to get a warrant lifted?
Sometimes, yes, but it’s not always a straightforward transaction. For certain minor offenses, especially traffic tickets or failure to appear for a court date on a misdemeanor charge, paying the outstanding fine might clear the warrant. However, this isn’t guaranteed, and it’s crucial to confirm with the court or a legal professional that payment will indeed lift the warrant.
What is the best thing to do if you have a warrant?
The absolute best course of action is to consult with an attorney immediately. Don’t try to handle it yourself. An attorney can assess the situation, advise you on your rights, and potentially negotiate with the court to arrange a surrender on favorable terms. Ignoring the warrant will only make the situation worse.
How can I pay off a warrant?
If paying off the underlying debt or fine is an option for resolving the warrant, the process varies depending on the jurisdiction and the nature of the offense. Contact the court that issued the warrant directly to inquire about acceptable methods of payment, which might include online payments, mail-in checks or money orders, or in-person payments at the courthouse. As mentioned above, confirm before paying that this action will, in fact, lift the warrant.
Conclusion
If you think there’s a warrant out for your arrest, don’t ignore it. The situation will only get worse.
The best thing you can do is talk to an experienced criminal defense attorney. A lawyer can help you resolve the warrant effectively and protect your rights.
Don’t delay. Seek legal help now.