Executive Summary
- The legal procedure of removing a warrant from the court system and stopping it from being utilized to make an arrest is known as clearing or quashing the warrant.
- Most of the time, you have to address the underlying problems that led to the warrant issuance to get it revoked without going to jail. This can involve paying fines or appearing in court.
- Ignoring a warrant can result in an arrest and progressively increasing legal costs or fines. Acting quickly to clear a warrant can mitigate legal consequences and help you keep your legal record clean.
- Consulting an experienced criminal defense attorney can help you avoid mistakes while clearing a warrant, enabling you to obtain the best results possible.
Understanding How to Clear a Warrant in Arizona Without Being Arrested
Clearing, or quashing, a warrant is the legal process of removing it from the judicial system, preventing the warrant from being used to arrest the individual it was created for. To clear a warrant without going to jail, you must resolve any underlying issues that led to the warrant’s issuance, ranging from appearing in court to paying fines.
Being proactive and running an Arizona felony warrant search can help you understand if you are at risk of being arrested. After your AZ warrant search, you can make informed decisions to potentially clear your warrant without going to jail. Doing so can help you avoid the stress and disruption of being arrested. It can also prevent further legal complications, including charges of resisting arrest. Additionally, it can help you preserve a clean legal record, making it easier to travel and secure employment.
Acting quickly and taking steps to clear your warrant can prevent increased legal penalties. Consulting a trustworthy legal professional can help you achieve the best possible outcome by explaining how to clear a warrant without going to jail.
Arizona Warrants Explained
A warrant is a legally binding document issued by a judge or magistrate authorizing law enforcement to carry out a specific action, such as making an arrest, searching, or seizing property. The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures, and a warrant guarantees that actions taken by law enforcement are reasonable and compliant with the law.
Arrest Warrants
An arrest warrant gives law enforcement the right to make an individual arrest. ARS 13-4405.01 outlines how arrest warrants should be issued and executed. For example, it states that an Arizona arrest warrant must declare if the individual is to be placed under arrest, charged with a crime, or has a substantial connection to one.
This type of warrant is usually granted when solid evidence links the subject to a criminal act. The goal is to place the individual under arrest so they can answer to judicial proceedings or face charges. It is usually used when someone is accused of a crime but has not yet been found or does not attend court as scheduled.
Search Warrants
ARS 13-3911 defines a search warrant as a written order that enables law enforcement to look for evidence of a crime in a particular area. This type of warrant aims to find and obtain evidence pertinent to an investigation. The search must be carried out reasonably and within the parameters specified in the warrant. This type of warrant is frequently used in investigations where law enforcement must seize tangible evidence or records from a home, place of business, or automobile.
ARS 13-3925 states that no evidence seized in accordance with a search warrant will be suppressed in a criminal proceeding unless specifically required by the United States Constitution or the Arizona State Constitution. Additionally, getting your property back after search and seizure can be challenging without an attorney.
Bench Warrants
A judge may issue a bench warrant when someone disobeys a court order. The goal of a bench warrant is to enforce adherence to a judicial directive or court appearance. If the subject of the warrant does not answer, the police can come to your house, work, or other commonly visited location to arrest you.
This type of warrant is commonly used when someone disobeys probation or skips a court date. Additionally, ARS 13-810 states that bench warrants can be issued for individuals who do not pay court-ordered restitution.
Consequences of an Outstanding Warrant
An outstanding warrant can result in various consequences that range in severity, depending on why the warrant was issued and your cooperation with law enforcement. Some examples of adverse outcomes that can come from having an outstanding warrant are:
- Law enforcement may arrest or detain you.
- Your legal fines may greatly increase.
- You may experience travel restrictions.
- Your daily life may be disrupted or more stressful.
- Employment opportunities may be hindered if the warrant shows up on background checks.
If you have an outstanding warrant, consult a trusted criminal defense attorney to avoid as many legal consequences as possible.
Process for Clearing a Warrant in Arizona
The procedure for clearing a warrant in Arizona can vary depending on the reason it was issued. In fact, some transgressions cannot result in an arrest-free cleared warrant. Nevertheless, the following steps are common in most situations where warrant clearing without jail time is acceptable.
1. Obtain Information About the Warrant
First, you should find out if you have a warrant issued against you by searching the records of the Arizona Judicial Branch. You can also contact the following entities to obtain information on your warrant:
- Criminal Court Administration Information Desk (602-506-8575)
- Arizona Department of Public Safety
- Local law enforcement officers
It is generally best not to contact the police station or sheriff’s office about potential warrants because it could raise suspicion and increase your risk of arrest. Instead, have a reputable criminal defense lawyer look into your potential warrants on your behalf.
2. Review the Warrant Details
Once you receive details about your warrant, check the charges and any conditions or expectations listed. It is essential that you verify the accuracy of the information in the warrant and note any errors. Finding inaccuracies may increase your chances of getting the warrant cleared without arrest.
3. Consult a Defense Attorney
Having an experienced attorney advocating for you and serving as a knowledgeable resource can significantly facilitate the warrant-clearing process. Some examples of things an attorney can help with include:
- Reviewing the details of your warrant and any underlying charges
- Navigating the legal process and explaining legal jargon in layman’s terms.
- Negotiating with the court or law enforcement to potentially avoid jail.
- Filing legal motions on your behalf.
- Representing and advocating for you in criminal proceedings.
In general, receiving legal advice from a trained criminal defense attorney can help you achieve the best outcome possible.
4. Address the Underlying Issue
To get your warrant cleared, you must address why the warrant was issued in the first place. Some examples of solutions for underlying issues are:
- You may need to schedule and attend a new hearing if you skipped court.
- If you neglect to pay a fine, you may need to pay it and any late fees.
Some underlying issues are more challenging to resolve. For example, if you violated your parole terms by absconding, you may have to return to prison to serve some or the remainder of your sentence. Regardless of the underlying charges, an attorney is best suited to help you reach an agreement with the court that can result in your warrant being cleared.
5. File a Motion to Clear the Warrant
Some actions that may be involved in filing a motion to clear a warrant in Arizona are:
- Gathering details about the warrant and the underlying issue.
- Working with an attorney to draft the motion.
- Submitting the motion to the court that issued your warrant.
- Serving the motion to relevant parties like the prosecutor or law enforcement.
- Paying potential filing fees, which vary by jurisdiction.
Most motions to clear a warrant need to include case information, the reason for the motion, supporting evidence, and legal arguments. Having an attorney craft your motion with you is an excellent way to avoid errors.
6. Attend the Hearing
The court will schedule a hearing date following the filing of the motion. Get ready by gathering proof and documentation showing that the warrant issue has been resolved, such as receipts from late legal fees you paid.
Participating in the hearing and providing a convincing case for clearing the warrant is important. For example, if your warrant was issued because you missed a court date, you should mention the emergency or accident that resulted in your lack of appearance that day. Be clear, organized, and prepared to answer any questions from the judge.
After reviewing your case and the supporting documentation, the judge will decide whether to clear your warrant. Advocacy and expert guidance from legal representation can increase your credibility in the courtroom and give you a better chance of obtaining the best possible outcome.
Alternatives to Clearing a Warrant
There are some alternatives to going through the traditional warrant-clearing process. The following two approaches may also be a viable option, depending on the conditions of your warrant.
Negotiation with the Court or Prosecutor
A qualified attorney can negotiate with the court or prosecutor on your behalf, potentially avoiding the need to clear a warrant. Some examples of compromises that can result from these negotiations include:
- Coming to a settlement agreement
- Entering a plea bargain
- Attending a diversion program
Your ability to opt for the solutions above depends on the severity of your transgression and the negotiating abilities of your legal council, which is why it is important to select a criminal defense attorney with substantial experience with warrant clearing.
Voluntary Surrender
If you have an outstanding arrest warrant and want to address it proactively without being apprehended unexpectedly, you can surrender of your own volition. Some steps involved in voluntarily surrendering include:
- Consult a criminal defense lawyer and convey your interest in surrendering.
- Contact local law enforcement or the court to arrange a time to come in.
- Going to the designated police station or court at the established time.
An attorney can explain the nuances of your unique situation, helping you surrender in a way that results in as fair of a sentence as possible.
You might be qualified for bail after turning yourself in, which can help free you from custody while you wait to appear in court. In certain circumstances, the court may impose conditions on your release, such as posting a bond or releasing you on your own recognizance.
Preventing Future Warrants
The best way to avoid future warrants is to remain compliant with the law and informed about your legal status. Some strategies for avoiding additional legal issues include:
- Adhere to all legal obligations, such as court orders and payment deadlines.
- Keep an open line of communication with your attorney.
- Resolve any legal issues promptly before a warrant is issued.
- Periodically review your legal status by running AZ search warrant searches.
Staying informed on your legal status through Arizona felony warrant searches can help you catch issues early, allowing you to address them as soon as possible. This can help you reduce legal risks and preserve a clean record.
What to Do if There is a Warrant Out for Your Arrest
If you ran a warrant search for AZ and discovered a warrant issued for your arrest, contact a criminal defense attorney immediately to discuss how to clear a warrant without going to jail. They can explain the legal process, advocate for you in court, and explore alternative options like plea deals or settlement conferences.
If you voluntarily take action to resolve the situation, you may be able to avoid going to jail. By intentionally not taking action, you will likely end up in more trouble later. Stay up-to-date on your legal status by performing routine Arizona felony warrant searches. This process can help you make informed legal decisions.
JacksonWhite Law has substantial experience clearing warrants and helping clients avoid jail time. Our reliable, well-educated team can help you navigate the legal complexities of the warrant-clearing process and increase your chances of achieving the best possible outcome.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
Frequently Asked Questions On Warrants
Below are some of the most commonly asked questions regarding warrants:
Q: If I have a bench warrant, does it mean I have to go to jail?
If you follow the proper steps, you should not have to go to jail or get arrested for a misdemeanor warrant. You can visit warrant court, which allows people to go to court to settle their outstanding warrants. Usually, you can resolve it without going to jail, but a judge may suggest that you be taken into custody under certain circumstances. Alternatively, you can hire an attorney to make the process simpler and to make sure your warrant is taken care of correctly.
Q: What will happen if I take no action on my bench warrant?
If you have had a bench warrant issued in your name, you may eventually go to jail if you do nothing about it. While the police typically do not search for individuals with warrants for minor offenses, they may conduct a “warrant roundup” to find those who have not taken action. When someone goes to jail due to a warrant, they usually encountered law enforcement for another reason, like a traffic stop, and the warrant was discovered.
Q: How does an arrest warrant differ from a bench warrant?
Arrest warrants typically occur when law enforcement officials receive tips or information on criminal activities or observe illegal behavior directly. In other cases, the police may discover information that incriminates you during their investigations. This type of warrant usually lists an amount for bail, so you can go to your hearing without waiting in jail until the set date.
You may receive a bench warrant if you do not appear at your court hearing. Bench warrants are one of the most common types of warrants and result from failing to go to your trial or hearing. You may get a “no bail” warrant if you miss your court date. This means you would not have bail set after arrest, and it is intended to ensure you show up in court.
