Simply put, to evade a warrant means to intentionally avoid law enforcement to prevent an arrest.
While you may be successful in evading the police for a significant amount of time, you should know that many warrants do not expire. As such, you may face the risk of being arrested if you come into contact with law enforcement at any time—whether it is during a routine traffic stop or if you get into trouble for an unrelated crime.
Evading a warrant could lead to additional charges being filed against you. It may also harm your ability to negotiate for reduced charges or penalties in your criminal defense case.
Types of Warrants
According to Investopedia, while there are different types of warrants, they are all issued by a judge through law enforcement agencies, giving them the power to take you into custody or make an authorized entry into your home or property to search your belongings.
Arrest Warrants
In a nutshell, these warrants are granted by a judge for the arrest of a person of interest in a crime. So, if you are under criminal investigation and the police have enough evidence against you, they can request that the court issue a warrant for your arrest. Once in custody, law enforcement officials may reserve the right to hold you without bail or until your release hearing or arraignment. Arrest warrants may be issued for criminal cases that include:
- Smuggling cases
- Abduction cases
- Murder cases
- Rape cases
- Theft cases
- Grand theft auto cases
- Financial fraud cases
- Breaking and entering cases
- And more
If you evade a warrant, you can face additional legal trouble.
Bench Warrants
A bench warrant directs law enforcement to arrest an individual and bring them before a court for a judge to address why the warrant was issued in the first place. If you are taken into custody on a bench warrant, you may be required to pay court fees or post a high bond. You could also be ordered to stay in jail until the court schedules a hearing for your case. It means that bench warrants may be issued for people who:
- Failed to appear at a scheduled court hearing
- Violated the terms of their probation
- Failed to pay child support
- Refused to pay a court-ordered fine
- Failed to complete mandated community service
- Committed a non-criminal offense
Search Warrants
Search warrants are court orders that authorize law enforcement officers to search the suspect’s dwelling, vehicle, work, or body for evidence of a crime. Before a judge issues a search warrant, the investigating officers must have a legitimate reason to violate the suspect’s right to privacy.
Per the Fourth Amendment of the Constitution of the United States, all searches require a search warrant. However, courts have rules that these warrants may not be necessary in the case of hot pursuit or other “exigent circumstances,” according to the Legal Information Institute. That is, if the suspect flees the scene of the crime and is being pursued by the police, they have the right to enter into their dwelling or property without a search warrant since they may be a danger to the officers and society.
A Criminal Defense Lawyer May Be Able to Help You
McKenzie Law Firm, P.C. does not recommend evading a warrant. What does it mean to evade a warrant? If a warrant is issued in your name and you willfully attempt to ignore or delay your summons, you may have additional charges filed against you.
That said, you do not need to face an outstanding warrant alone. If a warrant has been issued in your name and you are wondering how to proceed, contact McKenzie Law Firm, P.C.
Our firm defends clients from a variety of criminal offense charges. Once hired, we can evaluate the warrant and ensure all relevant elements are met. Depending on the specifics of your case, we may be able to resolve your outstanding warrant without you serving jail time.
Attorney David McKenzie is a former criminal prosecutor who now defends clients with criminal charges in and around Montgomery County, Pennsylvania.
Should you hire McKenzie Law Firm, P.C. to represent you in a criminal defense case, our firm may be able to get your charges reduced, rescinded, or dismissed. As our client, our team will be accessible to answer your questions and discuss possible outcomes of your case throughout the process of our work together.
We offer a free, no-obligation consultation call at (610) 680-7842. You can discuss your case and your legal options with a member of our team.