{"id":9479,"date":"2024-09-06T12:04:56","date_gmt":"2024-09-06T19:04:56","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=9479"},"modified":"2024-09-17T16:23:00","modified_gmt":"2024-09-17T23:23:00","slug":"arrest-warrants-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/arrest-warrants-in-arizona\/","title":{"rendered":"How To Clear A Warrant In Arizona Without Going To Jail"},"content":{"rendered":"
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\u2019s issuance, ranging from appearing in court to paying fines.<\/p>\n
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\u00a0resisting arrest<\/a>. Additionally, it can help you preserve a clean legal record, making it easier to travel and secure employment.<\/p>\n 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.<\/p>\n A warrant is a legally binding document issued by a judge or magistrate\u00a0authorizing law enforcement to carry out a specific action, such as making an arrest, searching, or seizing property<\/strong>. The\u00a0Fourth Amendment<\/a>\u00a0of 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.<\/p>\n An arrest warrant\u00a0gives law enforcement the right to make an individual arrest<\/strong>.\u00a0ARS 13-4405.01<\/a>\u00a0outlines 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.<\/p>\n 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.<\/p>\n ARS 13-3911<\/a>\u00a0defines a search warrant as a written order that\u00a0enables law enforcement to look for evidence of a crime in a particular area<\/strong>. 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.<\/p>\n ARS 13-3925<\/a>\u00a0states that no evidence seized in accordance with a search warrant will be suppressed in a criminal proceeding unless specifically required by the\u00a0United States Constitution<\/a>\u00a0or the\u00a0Arizona State Constitution<\/a>. Additionally, getting\u00a0your property back after search and seizure<\/a>\u00a0can be challenging without an attorney.<\/p>\n A judge may issue a bench warrant\u00a0when someone disobeys a court order<\/strong>. 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\u00a0police can come to your house<\/a>, work, or other commonly visited location to arrest you.<\/p>\n This type of warrant is commonly used when someone disobeys probation or skips a court date. Additionally,\u00a0ARS 13-810<\/a>\u00a0states that bench warrants can be issued for individuals who do not pay court-ordered restitution.<\/p>\n 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:<\/p>\n If you have an outstanding warrant, consult a trusted criminal defense attorney to avoid as many legal consequences as possible.<\/p>\n 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.<\/p>\n First, you should find out if you have a warrant issued against you by searching the records of the\u00a0Arizona Judicial Branch<\/a>. You can also contact the following entities to obtain information on your warrant:<\/p>\n It is generally best not to contact the police station or sheriff\u2019s 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.<\/p>\n 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.<\/p>\n 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:<\/p>\n In general, receiving legal advice from a trained criminal defense attorney can help you achieve the best outcome possible.<\/p>\n 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:<\/p>\n Some underlying issues are more challenging to resolve. For example, if you violated your parole terms by\u00a0absconding<\/a>, 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.<\/p>\n Some actions that may be involved in filing a motion to clear a warrant in Arizona are:<\/p>\n 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.<\/p>\n 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.<\/p>\n Participating in the hearing and\u00a0providing\u00a0a 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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:<\/p>\n 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.<\/p>\n 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:<\/p>\n 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.<\/p>\n You might be qualified for\u00a0bail<\/a>\u00a0after 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\u00a0posting a bond<\/a>\u00a0or\u00a0releasing you on your own recognizance<\/a>.<\/p>\n 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:<\/p>\n 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.<\/p>\n If you ran a warrant search for AZ and discovered a warrant issued for your arrest, contact a\u00a0criminal defense attorney<\/a>\u00a0immediately 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\u00a0settlement conferences<\/a>.<\/p>\n 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.<\/p>\n JacksonWhite Law<\/strong>\u00a0has 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.<\/p>\n Call the JacksonWhite Criminal Law team at\u00a0(480) 467-4370<\/a>\u00a0to discuss your case today.<\/p>\n Below are some of the most commonly asked questions regarding warrants:<\/p>\nArizona Warrants Explained<\/h2>\n
Arrest Warrants<\/h3>\n
Search Warrants<\/h3>\n
Bench Warrants<\/h3>\n
Consequences of an Outstanding Warrant<\/h3>\n
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Process for Clearing a Warrant in Arizona<\/h2>\n
1. Obtain Information About the Warrant<\/h3>\n
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2. Review the Warrant Details<\/h3>\n
3. Consult a Defense Attorney<\/h3>\n
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4. Address the Underlying Issue<\/h3>\n
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5. File a Motion to Clear the Warrant<\/h3>\n
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6. Attend the Hearing<\/h3>\n
Alternatives to Clearing a Warrant<\/h2>\n
Negotiation with the Court or Prosecutor<\/h3>\n
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Voluntary Surrender<\/h3>\n
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Preventing Future Warrants<\/h2>\n
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What to Do if There is a Warrant Out for Your Arrest<\/h2>\n
Frequently Asked Questions On Warrants<\/h2>\n
Q: If I have a bench warrant, does it mean I have to go to jail?<\/h3>\n