Arrest Warrants: Jail Is A Matter Of Time

Arrest Warrants

Arrest warrants:
Not the kind of surprise you want!

Not all surprises are good, especially when connected to arrest warrants against you.

Imagine seeing blue lights behind you. You pull over for a routine traffic violation and find yourself in the back seat of a squad car. Wait! What? Why am I being arrested? Or, imagine sitting on your porch and seeing a police car drive up and then watching an officer come up to you, ask your name, and say, “We have a arrest warrants on you.”

Arrest warrants are no laughing matter. These are serious legal issues with long-lasting ramifications, and these issues need to be resolved immediately.

Arrest warrants can be issued for minor offenses like simple assault or major offenses like murder.

What are arrest warrants?

An arrest warrant is an official document that gives police officers authority to arrest the person named on the warrant. This legal document contains the individual’s name and detail of the crime committed. Arrest warrants specify the facts of the case, and shows that the person whose name is on the warrant is the one who committed the crime.

 

Arrest warrants also contain the date and time they were issued, the city and county where the crime occurred, and the name of the court. In some cases, the warrant will even detail the manner in which the arrest is to take place and the time or hours within which the defendant may be arrested, unless it is a felony offense, as well as the bail that the defendant will have to post.

 

A police officer obtains a warrant by submitting a written affidavit – a statement given under oath that the information is true and correct – to the magistrate. There are legal penalties for officers who obtain arrest warrants using false assertions. The judge, who is neutral and detached from the investigation, will consider the officer’s experience and training and whether the facts outlined establish just cause for action. Once the facts have been reviewed to the judge’s satisfaction, an arrest warrant will be issued.

 

It is important to understand that warrants are specific to a person believed to be suspected of a particular crime. If a witness identifies a person who committed a crime as a tall and broad-shouldered male with long hair, and John Doe meets that general description, those officers do not have the authority to arrest John Doe. Only if the arrest warrant contains the name of John Doe, his known aliases, or a specific – not generalized – physical description will officers have the authority to arrest him.

 

Judges are under no obligation to issue arrest warrants. Just because an officer prepares and submits an affidavit for a warrant does not mean the judge has to sign it. A judge can refuse to sign a warrant if the affidavit does not have enough information to establish probable cause or if there are no witnesses to the case. Once a judge signs it, the arrest warrant orders the police to arrest the individual named on the warrant promptly and to bring that individual to that court. An officer is not required to display the warrant to the defendant at the time of the arrest.

 

When the defendant appears before a judge, bail is set, or conditions are established for the defendant’s pretrial release. In some cases, bail may not be allowed or may not be posted; in those situations, the defendant is held until a first court appearance.

How did I get arrest warrants?

There are any number of reasons that arrest warrants are issued. An investigation into a crime may show that you are a suspect, or witnesses to a crime may identify you as the suspect. Perhaps you were involved in a domestic dispute, and you were gone by the time the police arrived. In a case like this, officers may have spoken with other witnesses to the event and now believe they have probable cause to obtain an arrest warrant. Traffic citations can also lead to arrest warrants if they are left unattended.

If you have violated parole or probation, a warrant may be issued for your arrest. If you failed to appear, failed to pay a fine, or committed some other act of non-compliance to court orders, you may have had a bench warrant issued. Regardless of what leads to having a warrant issued for your arrest, the officer must first establish probable cause in order to have the warrant signed by a judge.

A judge can issue an arrest warrant through a police officer’s written affidavit or following an indictment by a grand jury. A grand jury can indict a defendant after hearing evidence presented by the prosecutor and finding that probable cause exists. Once they indict an individual, the judge will issue a warrant for that person’s arrest.

Establishing probable cause for your arrest warrants

Probable cause is defined as “reasonable grounds.” The Fourth Amendment to the Constitution requires that probable cause must exist before an arrest is made, a search is conducted, or a warrant is issued. Probable cause for the issuance of arrest warrants is a reasonable basis for believing that a crime has been committed and that the person being arrested or named in the warrant is the one who committed that crime. Probable cause can be established based directly on a police officer’s own observations or by credible information provided by someone else.

I know I'm innocent, so I don't have to worry.

Arrest warrants should never be taken lightly. Even if you know that you are innocent and are confident that you can be proven not guilty, when you learn there is or may be a warrant out for your arrest, you need to go into action immediately.

The first thing you should do is contact your lawyer. Contacting an attorney early in your case gives them more time to investigate the charges against you and prepare a criminal defense strategy.

What if there are outstanding arrest warrants against me?

If you have been named in an arrest warrant and have not yet been arrested, that means you have an outstanding arrest warrant. This can happen deliberately by evading law enforcement or unintentionally if you are not aware that a warrant has been issued for your arrest. Occasionally, a backlog of warrants waiting to be served by a particular agency can lead to a warrant being outstanding.

 

If you have an outstanding warrant, you need to see about it immediately. Outstanding warrants can have far-reaching implications. For instance, some jurisdictions have restrictions on renewing a person’s driver’s license, or the individual cannot obtain a passport if there is an outstanding arrest warrant.

Executing arrest warrants

When a police officer has an arrest warrant in hand, that officer can arrest a criminal suspect as soon as that individual is found. In many cases, police officers are unaware of an arrest warrant until a traffic stop is made or there is some other situation in which a person’s identification reveals that a warrant is outstanding, and then the officer will put that person under arrest.

For a misdemeanor arrest warrant, the arrest can only be made in a person’s home between 6 a.m. and 10 p.m., unless a judge authorizes the extension of those hours. This time restriction does not apply if the arrest is made in a public place or if the suspect is already in custody for some other crime. Unlike misdemeanor offenses, arrest warrants for felonies do not have time restrictions, although they are supposed to be executed within reasonable hours.

If a warrant is not executed and an extended period of time has expired, a case may be dismissed because this is a violation of a person’s right to a speedy trial. In this case, your attorney can make a motion to have your arrest warrant dismissed for untimely prosecution. There are exceptions, however, including homicide or other serious violent crimes or crimes of a sexual nature in which no statute of limitations exists.

What if arrest warrants are executed at my house?

With the exception of special circumstances, officers cannot force their way into your home or some other private place with unjustified force. The arresting officers must first announce their presence to notify the suspect that they are there. Whenever a suspect refuses to cooperate, officers may use reasonable force to enter the home or other private property to make the arrest. This process is outlined under the Fourth Amendment, which sets requirements for issuing warrants.

 

There are exceptions to this “knock and announce” requirement. When an officer or others could be placed in danger if they announce their presence (if the suspect may be armed and dangerous, for instance), if they believe that knocking would give the suspect time to destroy evidence, or if they believe the suspect would attempt to flee, then there is sound reason for an officer to enter without “knocking and announcing” first.

 

If officers are at your house to arrest someone who is there but who is not a resident, the police must have a search warrant as well as the arrest warrant.

What if I am arrested in a different county or state?

It is not uncommon for a suspect to be arrested in a different county or state than the one in which the warrant was issued. These arrests can be triggered by a traffic stop or when a suspect commits another crime and is arrested in that jurisdiction on those charges. In those cases, the suspect will have to be transported back to the county where the original arrest warrant was issued.

What if arrest warrants have incorrect information?

Occasionally an arrest warrant may have incorrect information. The spelling of the suspect’s name or the date of birth could be incorrect, or details about the crime may be incorrectly specified. If an officer shows the warrant to the suspect, and there is incorrect information, it is possible for the situation to be cleared up immediately. For instance, the suspect may be able to prove to the officer that he has arrested the wrong person and may avoid arrest altogether.

 

If the warrant is not shown at the time of the arrest, however, and it is determined that the warrant contains incorrect information, all of those details have to be sorted out at a later time. Remember, clerical errors are not enough to automatically invalidate a warrant. Just because your name is misspelled or the date of birth is wrong, do not automatically assume that you are off the hook.

There is an arrest warrant against me. What do I do?

There are several important steps to take if you find that a warrant has been taken for your arrest, but the single most important step is to contact a lawyer. You should not talk to the police without having your lawyer present.

Even if you only “think” a warrant has been issued for your arrest, but you are not sure, it is best to go ahead and bring an attorney into the situation. An attorney will immediately begin investigating the case on your behalf and ensuring that your civil rights are not violated in the process.

While remembering what you should do, also keep in mind that there is one thing you should NOT do: You should not run. This is never a good option for many reasons. First, who wants to live life looking over their shoulder? And, second, this automatically gives the prosecution reason to believe you are indeed guilty of the crime for which you have been accused.

What if I have become a fugitive from justice?

If you do have an outstanding warrant against you and you are on the run, you’ve created a new set of problems for yourself. If you are arrested out of state and the prosecution can prove you knew an arrest warrant was issued and that you intentionally left the state to avoid arrest, you could face additional penalties in addition to the ones you already faced for the crime itself.

 

You will have to appear before a judge if you are arrested outside of the state in which the arrest warrant was issued for an extradition hearing.

What’s the best way to turn myself in for an arrest warrant?

Just the thought of arrest warrants can trigger a “run and hide instinct,” especially if you are a first-time offender, even if you know you are innocent of the crime for which you have been accused. But running, hiding, avoiding the issue, and waiting for the police to come and arrest you are all the wrong ways to handle this very serious legal situation. It is more traumatic for you and your loved ones to be arrested at work, during a traffic stop, or while at home with your family.

 

Tuesdays, Wednesdays, and Thursdays are considered the best days to turn yourself in. Mondays are not good days because officers are dealing with processing two days’ worth of arrests over the weekend. Fridays are not good because rarely will a judge be available at the end of the day. That means your bond may not be processed until the next week, and you will have to spend a few days in jail.

 

If you choose to turn yourself in, be sure to dress properly and do not bring items that you do not need. While you do not have to wear a dress or a suit and tie, it is good to dress neatly. Jeans, a clean shirt, and sandals are fine; just make sure that you are not dressed in a sloppy, careless manner. Certain articles of clothing will be taken from you if they pose a safety risk in jail. These items can include belts and shoelaces. Be sure to bring glasses and medication, but you may need to discuss medical policies with your county jail before you turn yourself in.

 

Bring cash or cards for bail, if it is necessary, and bring official photo identification and other necessary documents. Be careful not to bring any prohibited items or anything that will arouse suspicion. Contraband – including small knives or cigarettes – will be confiscated. Cell phones are not allowed, so be sure to write important numbers onto a piece of paper instead.

 

While it is often better to turn yourself in before officers come and arrest you, be aware that there are consequences of this action. Before you do this, you should speak with your attorney. A criminal defense attorney can help you evaluate the options and advise you on how to proceed.

How can an attorney help me?

When you talk to police on your own, there is a chance you are actually helping them to prove their case against you. A police officer cannot question you if you have a legal representative involved. Additionally, by having a lawyer with you when you turn yourself in, you have a better chance to get a reasonable bond.

What about my rights?

Remember, when you are arrested, that you have certain rights. Before you are interrogated by a police officer, you will be read your “Miranda Rights.” This gives you the right to remain silent. If you choose to continue with the interrogation and answer the officer’s questions, you have waived your right, and anything you say can be used against you in court.

 

Again, having your lawyer with you during this process will help ensure that you do not in any way harm your case.

How are bench warrants different from arrest warrants?

A bench warrant, issued from “the bench” (by a judge or court), directs police to arrest an individual who must be brought before a specific judge. A bench warrant does not initiate criminal action. It is usually a result of failure to comply with court orders. It is not unusual for a bench warrant to be outstanding for an extended period of time, sometimes even months or years. An arrest warrant, however, is the first step of a criminal process and is effective immediately upon signature by a judge. 

When a bench warrant is issued for a previous failure of the suspect to appear in court, the warrant may specify that the arrested person is not to be released on bail. This is sometimes referred to as a “no-bail warrant.”

How do I find out if there are arrest warrants against me?

The easiest way to find out if there is an arrest warrant against you is to call your attorney. Law offices have the resources and experience to find this information in a timely manner.

You can also check with the courts yourself. Remember, warrants are county-specific, so you must check in the county in which the crime occurred. Warrants are registered and filed with the county clerk’s office. The sheriff’s office of the county or the police station in the municipality where the crime occurred is also another good source of information.

There are websites that offer free searches as well, including Governmentregistry.org and searchquarry.com. Under the Freedom of Information Act, any citizen has the right to search police records or warrant information. Court records are public records, which means you can check for warrants on your own, with a few exceptions, and usually for free. All you need to search for an arrest warrant or bench warrant, whether against yourself or someone else, is the full name of the person in question, their state of residence and their age or date of birth. Warrants can be looked up anonymously on online public record websites.

If you suspect that a warrant has been issued for your arrest, it is also a good idea to be mindful of postal mail. Although getting a letter from an attorney is not proof of an outstanding arrest warrant, if you notice that you are suddenly getting quite a few advertisements in the mail from law firms, this could be a sign that there is a warrant out for your arrest. After all, there are law offices that check warrant databases and send letters to attract new clients.

Note: Sometimes, you are not looking to see if there is a warrant for your arrest, but, rather, checking into the background of someone else. For instance, if you are hiring a babysitter or a personal caregiver for an elderly parent, you may want the peace of mind to know that there are not active arrest warrants against the individual you are looking to hire. Or, if you are entering a romantic relationship or a business partnership with another individual, you may want to establish that this person is not wanted by the law. No matter the reason, the process for checking for arrest warrants is the same.

Should I see if there is a warrant for my arrest, or just wait until they come to arrest me?

Anytime you think you may be suspected of a crime, it is best to take a proactive approach and not a reactive one. By doing the research to see if there has been a warrant taken for your arrest, you will not be caught unaware. This means you will have time to consult with an attorney, even before you are arrested, so that your attorney can begin necessary investigative work. You also have time to gather evidence to prove that you are not guilty and to arrange bail money if necessary.

Confront the situation head-on

Arrest warrants are frightening. You now face a criminal record, legal ramifications, and possibly an unsettling of your entire life. You could be fired from your job, expelled from college, or unable to advance in your career. But wishing that arrest warrants will just disappear does not make them evaporate.

If you find that a warrant has been issued for your arrest, the first thing to do is not panic. The second, and perhaps most important, thing to do is contact a criminal defense lawyer who will listen and be available to walk you through every step of the process.

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How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

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How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

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Not going to get into detailBut I spoke to a femaleBy the name of SameraWho really helped me see things clearer& Understand my rightsSo I could weigh my optionsAlan came in & he's what I call no nenseStraight down to businessNot Guilty when it's finishedJust wanted to publicly sayThey're the best that I've witnessedThis my 1st reviewNot somethin I'd typically doBut other ppl in my shoes would've plead out to 2Paid double the fees & the retainerSalute to them I'm not a detainerAnd I'm home wit my family rappin for strangers lol
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Outstanding is the only word that not even comes close to both Mr. Alan Peyrouton, Esq. and Office Manager/Paralegal Ms. Samera Cerva!Although the infraction could have been not only a fine plus incarceration,Mr. Alan negotiated to a fine and settlement of one- half of what was listed as the usual cash amount. Indeed, this law firm gave constant "Personal Touch," and for which there are no words in the English language which can properly convey my thoughts of appreciation.Whenever there was a question and doubt about anything, this law firm answered every question. No additional charges were attached with any telephone call and/or E-mail sent!Advice was also given how to EXPUNGE this legal issue and will continue with the Peyrouton Law Firm until records removal.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Professionalism, Etc. All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
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For many like myself, finding a good lawyer is a must. I was caught in a situation I shouldn't have been in, and Alan was recommended to me through a friend. I'm forever grateful to have found Alan, because most lawyers wont fight tooth and nail to make sure you get the best deal or outcome. Alan was more than patient with me and assured me he would do all he can, and he exceeded my expectations. Thank you Alan!
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알란 변호사를 만나게 된것은인생의 최고의 행운이었습니다. 아주 프로페셔날하고 빠른 일처리로 최고의 만족스러운 결과를 만들어준 알란에게 큰 감사를 드립니다.좀더 많은 한국분들이 도움을 받았으면 좋겠네요.형사전문과 더불어 이민법과 연결해서 최상의 결과를 만들어 줍니다.I was really lucky to find Alan. At first call, I trust him while we talk about my case. He made best result in my case. Alan is the best criminal lawyer in New Jersey. Thank you Alan and his team(specially Samera).Thank you again in my whole life.this is another thank you to alan(from my email)Dear Alan,I couldn't say thank you enough this morning. Now I realized how big of an issue it was.I believed you and trusted you when I was in NJ so I never doubted that I would possibly go to jail.Thank you for everything. There will be more to go but thank you again.I am holding my tears back until my hubby comes back home.See you soon!Michelle😍😭
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I’m very grateful for all the hard work and effort Peyrouton Law put fourth in my case! Alan is a lawyer who cares and strives to get the best outcome for all of his clients ! He’s like a dog with a bone, he never gives up on you !During the most stressful time in my life they were there for me, fighting for me all the way. Texts to see how me and my family and to keep me informed of all overwhelming court business. I know if I didn’t have Peyrouton Law on my side I wouldn’t have found a better lawyer to help with everything like they did. Anyone who needs a help, compassion at more than reasonable law fees, you couldn’t find a better lawyer !!
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they are very professional and very helpful team. I got traffic ticket and to be able to reduce to 0 point and affordable fine. It was during covid time and Samera helps me a lot through phone calls and emails. Samera is very responsive and easy to approach. Alan is great and friendly. truly appreciate for all the help and patience.

A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.