An arrest warrant can be revoked. “Retired” is proper terminology in Indiana. A warrant is technically just a court order. The warrant stipulates that if the police find a person, they will arrest them and bring them before the judge. And just like any other order, the judge can reverse this order if he or she feels it is appropriate. Occasionally they’ll end with someone promising to show up if they set a date or something. But sometimes they aren’t, and sometimes the person just has to come forward on their own.
~ Excerpt from Episode 10 of Tales from the Brown Desk.
Hiring an attorney after your drunk driving arrest
You should always hire an experienced attorney to represent you in your drunk driving case as early as possible. This is especially true if a police officer starts asking you questions after you have been arrested. In this case, you should assert your right to a lawyer immediately during the interrogation.
You must not answer any questions against your will without an attorney present, either in person or by telephone. If you assert your right to an attorney and the police officer continues to question you, anything you say in response can be suppressed in a criminal DUI proceeding. This is especially true if the officer asks if you’ve been drinking or how much you’ve been drinking.
How do arrest warrants differ from arrest warrants?
Arrest warrants are very similar to arrest warrants. Both types of warrants instruct law enforcement to locate and arrest a specific person. However, warrants are issued after a grand jury indictment or evidence of a probable cause. Arrest warrants are issued by a judge for violating a court order, usually for failing to appear at a prescribed court date or for a mandatory court appearance.
Arrest warrants, like arrest warrants, do not expire. Law enforcement agencies can execute a warrant at any time they encounter the subject matter of the pending warrant. It remains in effect until the affected person dies or a judge withdraws the active order, or it is amended or lifted.
How can I overturn a court order?
When people find out they have an outstanding warrant, they should hire an attorney (if they don’t already have one). The solicitor can then petition the court on behalf of the person (applicant) for a “reversal”. This motion asks the judge to withdraw the arrest warrant.
Upon receipt of this application, the judge will schedule a court hearing (usually within a week of filing). Sometimes the judge will require the person named in the order to appear in person. But in most cases, the person’s defense attorney can act on their behalf. Judges are more likely to require the person’s presence if:
What if you have an out-of-state warrant?
If you have an arrest warrant in another state and the police find you, you will be arrested. However, they are kept in this state. The state that issued your warrant cannot cross state lines and arrest you in another state jurisdiction. Each state has different rules for stopping someone who has a warrant in another state.
The process of sending you back to the state that issued the warrant is called extradition. Depending on the offense you have committed, you may be forced to return to your original state to face charges. It can be an expensive process, so it’s generally only used for serious crimes like human trafficking, drug offenses, or violent crimes.