An arrest warrant is an order from a court authorizing law enforcement to arrest a specific individual for a criminal offense that they have been accused of committing.
Before the court signs the order, law enforcement is required to present certain information including that:
- There is sufficient probable cause to arrest the suspect; and
- The suspect is the person responsible for the crime provided in the warrant.
The document that the court signs then becomes an arrest warrant. The warrant must include the name and location of the individual to be arrested, in addition to other detailed information.
The warrant permits law enforcement to arrest the suspect at any location or time that they find the individual, unless there are some exceptions or restrictions listed in the warrant.
What Is an Outstanding Arrest Warrant?
Outstanding warrants, however, are valid arrest warrants that were originally issued months or even years ago that have not been fulfilled. An outstanding warrant is still considered to be a valid warrant because it means that the individual who was named in the original arrest warrant has not been arrested.
An outstanding warrant means that the warrant is still active. Therefore, it may be used to arrest the individual at any time or place in which they are found.
For example, if an individual is pulled over for a traffic violation then law enforcement will check if there are any outstanding warrants. If there is an outstanding warrant, the individual may be taken into custody even if the traffic violation was not enough to arrest them.
How Can a Warrant Be Outstanding?
There are numerous reasons why a warrant may be outstanding. Some of the reasons may include:
- That the individual is not aware of the initial warrant against them;
- The individual could be evading law enforcement and being arrested; or
- The law enforcement agency that is responsible for serving the warrant has not done so yet.
Regardless of the reason that the warrant is outstanding, the warrant will still be valid, assuming it was valid to begin with, meaning that law enforcement has a right to arrest that individual at any time or in any location. The only exceptions would be:
- Law enforcement has the wrong individual;
- The original warrant was invalid; or
- They have already served the warrant, but for some reason a clerical error was made within the law enforcement system.
How to Check for Outstanding Warrants
As previously noted, an arrest warrant is a court-ordered document giving law enforcement permission to arrest an individual. The term outstanding means it is a valid, active warrant that can be used to arrest an individual at any time.
In some cases, an individual may not be aware that they have a warrant or how to determine if they do. Because of this, it is helpful to know how to look up warrants.
How Do I Check for Outstanding Local Warrants?
An individual may check active warrants for outstanding local warrants in 2 ways, including:
- Check warrants online: Go to the local court’s website and type the name of the individual in the searchable public records section;
- It is important to know as much information about the individual in question so that they can be properly identified in the public records; and
- Contact the local court directly: Ask the clerk of the court if there is an outstanding warrant for the individual;
- Again, have as much information as possible about the individual, such as the individual’s birth date and any relevant case numbers; and
- If an individual may have multiple warrants, they may be required to visit multiple courts.
Both of these methods will require the individual to have as much information regarding the identity of the individual for whom they are checking in addition to any relevant case numbers, if any, that are connected to the warrant.
How Do I Check for Outstanding Federal Warrants?
To check for an outstanding federal warrant, an individual can contact the federal clerk of court’s office directly. An individual may ask if there is an outstanding warrant.
When doing this, it is important to have as much information as possible regarding the potential warrant, including the name of the specific individual. An individual may also be able to go to the federal court in person and ask.
This may allow them to obtain the information faster and more efficiently. It is important to note that the federal courts are divided into circuits.
If it is possible that there are multiple outstanding warrants, the individual may have to contact each of the circuits that an individual may have an outstanding warrant in.
What if I Do Not Want to Risk Being Arrested?
If an individual is nervous about calling due to a possible arrest, they can ask a trusted family member or friend to check for them. An individual can also consult with an attorney who will be able to determine details about the warrant.
Are There Consequences to Having an Outstanding Arrest Warrant?
The main consequence for having an outstanding warrant against an individual is that they may be arrested at any time. This means that the arrest may occur while the individual is at work or out running errands.
One other major legal repercussion is that the individual may be tried on the original criminal offense for which the warrant was issued, regardless of whether it was initially a misdemeanor or felony offense.
This applies especially in cases where the individual was intentionally evading law enforcement.
Is There a Statute of Limitations on Criminal Charges?
Yes, there are statutes of limitations for certain criminal charges. Other offenses, including homicide or murder, will never expire.
With outstanding arrest warrants, however, the original charge will not expire until the individual is arrested because they are considered to be a fugitive, or on the run from the law.
How Do I Get Rid of the Outstanding Warrant?
How an individual can get rid of a warrant depends on the type of warrant. For example, bench warrants may be resolved by going to court.
Other types of warrants may be resolved by paying a fine.
Are There Any Defenses Available Against Outstanding Arrest Warrants?
An individual who has an outstanding warrant issued against them may have several legal defenses available to eliminate the warrant. For example, if the individual has a reasonable and adequate excuse for missing their court date because of an emergency, they may be able to use that reason as a defense.
Regardless of the individual’s excuse, it is best for them to consult with a lawyer regarding their reason before going to court or giving themselves up to the authorities to be arrested again.
Should I Consult an Attorney about My Outstanding Warrant?
Before going to the courthouse to check for an outstanding warrant, you may want to consult with a criminal lawyer. In many situations, a lawyer can resolve the issue for you.
An attempt to resolve the warrant may include you surrendering or paying the fine on your behalf. Your lawyer will be able to advise you regarding the offense the warrant is based on and how you can best resolve the warrant.
