Grand Junction Bench and Arrest Warrant Lawyers
There is nothing more nerve-wracking than finding out there is a warrant out for your arrest. What crime did you commit? Are the police just going to show up at your front door? Should you turn yourself in? Our media likes to paint warrants like a magical piece of paper that give the police the power to arrest you at any point and any time. But the truth is, warrants are not nearly as limitless as many people believe. With a skilled attorney by your side, you may even be able to have them recalled.
Whether you’re staring at a bench warrant or an arrest warrant, you’ll need all the help you can get. Being taken into custody is no joke. We’ve seen many cases in which the person arrested had no idea he even had a warrant issued against them! Thankfully, we at Peters & Nolan, LLC have the knowledge you need to help back you up and fight for your rights. For a top-quality defense, call our firm at (970) 243-4357.
Warrants come in two types in Colorado: arrest or bench. Arrest warrants are issued when law enforcement has what they think is enough evidence to charge you with a crime, usually a misdemeanor. The warrant itself should include key details such as:
- Who is being arrested
- The alleged crime
- When/where the warrant was issued
- The signature from the judge who approved the warrant
- Limits in the arrest, such as when and where it happens
- The expected required bail
If this information is missing, then that is a major violation. It could result in the arrest being considered invalid. However, sometimes the name may be missing from the arrest warrant if the alleged criminal’s name is not known. Instead, that section may be filled out with a clear description of the person that is meant to be arrested.
In order for an arrest warrant to be issued, then the police officer must be able to show a neutral and detached magistrate that there is probable cause for an arrest. The request for the warrant must be in writing and be issued under oath by word. The neutral magistrate must be someone in the judiciary, not law enforcement. That could include:
- Court clerks
If the officers are unable to show reasonable suspicion, or they cannot get the approval of a detached magistrate, then the warrant cannot be considered valid, and the arrest may not be issued. It is important to know that if you’re caught committing a felony, warrants aren’t needed for your arrest.
A bench warrant is far less complicated. Following a traffic violation, you will be issued a ticket and a day to appear in court. If you neglect to make an appearance, otherwise known as a failure to appear (FTA), then a bench warrant will likely be issued. This warrant lets the police know that you should be taken into custody so that you can appear before a judge. It is a similar concept to the arrest warrant, but it is issued directly from a judge.
The process of getting rid of a warrant will depend on the type of warrant that has been issued against you. If you want to get rid of a bench warrant, the process is calling “quashing” or “recalling”. For this, you can contact a criminal defense attorney, and have them ask the court to recall this. This process will likely require our attorney to go into court on your behalf. However, if you have a history of missing court appearances or the crime committed was a felony, then it is likely you will also have to make an appearance.
The best way to get rid of your arrest warrant, however, may be to turn yourself in at a police station. The officer will then place you under arrest and hold you for a few days. If bail is an option, you will get a bail hearing, and, if you are able to afford it, pay the bail and be released until your court date. However, there is still the chance that an attorney will be able to make an appearance on your half to court in order to get rid of the arrest warrant. Either way, speaking with an experienced criminal defense attorney before deciding on how to proceed would be in your best interest.
With both bench and arrest warrants, the court will look more favorably on you if you respond to them as soon as possible. If you do not, they will assume you are trying to run from the law and the prosecution will use that against you when it comes time for your trial. Speaking with an attorney and responding to a warrant as soon as possible will also give you more time to work on your defense. Even if you hire the best, your attorney will need time to set up a good strong defense on your behalf.
There also may be further ramifications of not responding to a warrant in time. If your bench warrant was based on a traffic violation, continuing to refuse to show up to court could result in your license being suspended for several months. That suspension could easily turn into a revocation if you continue to refuse to respond to the warrant. The best thing you can do when facing a warrant, whether it be bench or arrest, is to seek help from a skilled attorney who can provide you with the defense and helping hand that you need.
Take action right away and call the trial attorneys Andrew J. Peters and Andrew J. Nolan. At Peters & Nolan, LLC, we’ve handled many warrants on behalf of our clients. There may be ways to mitigate any charges against you, so call and find out if we can help you. To request a free consultation, contact a Grand Junction criminal defense attorney at (970) 243-4357.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.
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