I recently received a call from a client who lives in New York. The client told me that he was arrested on a drug felony about 8 years ago while living in Illinois. They appeared in court and eventually pleaded guilty and received probation. While the client was on probation, he moved to New York and never applied for parole after leaving Illinois. They were denied a job when a background search revealed an outstanding warrant for an Illinois probation violation. The client wanted to know what they could do to clear the job and if they could hire me to handle the job without the client having to go back to Illinois. I often get calls from people who have outstanding warrants. In fact, as I was writing this article, I received a call from a client who was told that a domestic violence warrant had been issued for him last night. The client wanted to know if there was a way to make a phone call or do anything to avoid having to turn himself in and appear in court. Unfortunately, there is no easy way to deal with a pending warrant. let me explain.
What is a warrant?
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These individuals tend to have good working relationships with prosecutors and criminal judges. This may translate to a more favorable plea deal from a prosecutor or a lighter sentence from a judge.
Waiver and Revoke Warrants
A criminal defense attorney may file a motion to waive and revoke a DUI warrant before making an arrest. Reversing an order means that the judge rescinds or invalidates the order. Cancellation of a warrant means cancellation of the warrant. Essentially, the cancellation and rescission of a warrant invalidates the warrant and deprives law enforcement of the power to make an arrest.
When a warrant is overturned and withdrawn, a new date is set for you to appear in court on the original DUI charge.
Whether the warrant is a day old or ten years old, you should contact a criminal defense attorney as soon as possible. It may still be possible to cancel and withdraw the order. Even if the order cannot be removed, it is better to deal with the order rather than having it constantly hovering over you, causing worry and stress. Contact a criminal defense attorney to learn more about your specific case.
What about the right to a speedy trial?
Criminal suspects and defendants have the right to a speedy trial. This right is guaranteed by the Sixth Amendment. It is also enshrined in most state constitutions. If a police officer fails to execute an arrest warrant within a reasonable time in the indictment document, he may be violating this important fundamental right.
In California, defendants who have been arrested long after the alleged crime may file a Serna claim through their criminal defense attorney. The name of this application comes from the Serna v. Supreme Court of the California Supreme Court.6 This motion may argue that the defendant’s right to a due process under the Sixth Amendment and Article I, Section 15 of the California State Constitution was violated
Arrest Warrants for Crimes vs Misdemeanor Orders
Depends on the type of charge. Although there is some variation from state to state, most warrants related to a felony charge never expire. If you have evaded arrest after being involved in a crime in which you have been identified, it is likely that even years or decades later, a routine police stop will result in the warrant being issued and action being taken against you.
Arrest warrants for misdemeanors can be treated in different ways, with an expiration date of 180 days or one year being given when issued. However, they can be reissued with a simple request, so you can never count on them just waiting to go away.