Thousands of people in North Carolina face arrest warrants each year. If you have a warrant out for your arrest, you could be sent to jail at almost any time. Sometimes, you may not even realize that you have an active warrant. Getting arrested can be distressing and embarrassing, especially if it happens in front of others or while you are at work. It is helpful to understand the types of arrest warrants in North Carolina and how you should handle the situation if it happens to you.
What is an Arrest Warrant?
An arrest warrant is a legal request through the court to face charges. The charges may be misdemeanor or felony, but regardless of the crime, an arrest warrant requires you to face the judge. An arrest warrant includes a statement of the crime. In order to obtain an arrest warrant, there must be probable cause to believe that the defendant committed a crime. Arrest warrants are issued for a variety of reasons, including failure to appear in court. An arrest warrant is typically issued in situations where there may be a high likelihood that the defendant may try to flee or avoid prosecution.
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Types of Arrest Warrants in North Carolina
There are several types of warrants that call for the arrest of a person. A standard arrest warrant is issued by a judge or magistrate and requires a person to be detained by law enforcement. A bench warrant is a type of order that is put in place when someone fails to appear in court or disregards court orders. This type of warrant may apply in cases where someone has failed to pay a required fine. An extradition warrant is a warrant that requests law enforcement to return an individual to a different state where they are wanted on charges. This is also called a governor’s warrant because it is approved by the governor.
Probation Violations
A violation of probation (VOP) could result in an arrest warrant. A defendant who is released on probation has specific requirements that must be fulfilled in order to remain out of jail. If a defendant violates these requirements, he or she could be taken back into custody, and the probation could be revoked. If someone has violated probation, they could be arrested by law enforcement at any time.
What to Do if You Have an Arrest Warrant
It is always best to turn yourself into the appropriate police department if you have an arrest warrant. It is important to keep in mind that if you fail to turn yourself in, you are at risk for arrest at any time. For example, if you are stopped for a traffic violation, the police will find out that you have a warrant and may arrest you on the spot. In some cases, law enforcement may come to your home or place of work to make an arrest. You can avoid the problems associated with these types of actions by going to the police on your own terms.
A knowledgeable criminal defense attorney will assist you with the process of an arrest warrant and help you resolve the matter while protecting your rights. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to speak to us about your legal needs.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-304.html
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https://www.freeimages.com/photo/documents-1427202
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