By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov, 1, 2022
Have you been trying to remove your Michigan arrest warrant? If so, this article will help you. Fear and anxiety can set in when you find out a Michigan warrant has been issued for your arrest. You do not want to be arrested at your place of work. You certainly do not want to get arrested during a traffic stop with your children in the car or at home. A warrant forces you to look over your shoulder constantly.
The first step is identifying what kind of warrant you have and what caused it. Michigan courts two types of warrants:
- Bench warrant – Issued by a judge and directs the police to take the person into custody; a bench warrant can be issued for a failure to pay fines and costs, probation violations, child support, etc. Learn more here
- Arrest warrant – Issued by a judge if the police have “sworn to” facts indicating to the court that probable cause exists sufficient to have you arrested for a new crime
The process of clearing your warrant can seem daunting, but it’s not as difficult as it seems. If a detective sent you a letter or you believe the court issued a warrant for your arrest, you should handle it as quickly as possible. An arrest warrant never goes away. Learn more. If you do not move quickly enough, you risk a public arrest at your place of work or home. Fortunately, there is a way to avoid that embarrassment and hassle.
How to remove a Michigan Bench Warrant
If you have a bench warrant for your arrest, you must take several steps to remove the warrant.
People frequently miss a court date because of a mistake, never receiving the court notice, or by accident. Other times, people may have forgotten about the court date, been hospitalized, had an emergency for a family member, or the court did not have the correct mailing address. The potential consequences for failing to appear are never minor. The court could revoke your bond, increase the bond, require a tether, or other sanctions.
Though missing a court date may not seem like a significant problem, your failure to appear in court is cause for concern. Ultimately, the court will issue a bench warrant for your arrest to compel your appearance before the judge.
Once the court signs the bench warrant, the court notifies law enforcement of the active warrant. Most times, the court mails a copy of the bench warrant to your last known address. When you are notified, you have two choices:
- voluntarily turn yourself in to the court
- wait to be arrested and held in jail – people are usually arrested on a bench warrant when the police stop them for a traffic violation or they run their license plate
If you choose to turn yourself in, contact the court to let them know your intent. Once the court gives you a date to turn yourself in, explain why you missed the court date. By voluntarily turning yourself in, you put yourself in a better position for the court to listen to your explanation for missing court.
Once you explain the emergency, mistake, or accident, the judge will cancel the bench warrant. The quicker you appear to answer for the bench warrant, the better it will be for you.
After discussing your failure to appear, the court will address the bond and schedule a new court date. Take advantage of your next court date. If you do, you might sit in jail until the next available court date. A bench warrant never expires, no matter how much time passes.
Always turn yourself in as soon as you know the bench warrant. Delaying the inevitable only makes your situation worse. A small situation will become a bigger problem, requiring more time and money.
A failure to appear in court can hurt you in ways that aren’t clear. If you do not appear in court, the court may believe you do not take the case seriously. If you are sentenced in the original case, the court may put you in jail when the court initially had no intention of doing so. The court may impose a longer term of probation. The court may increase fine amounts and any sentence length because even though the offense may be minor, the court may get frustrated with someone who misses court dates. It is never good to make the judge have a negative impression of you.
Since a bench warrant is entered into the police system, an employment background check will reveal the warrant to a potential employer. An outstanding warrant also prevents you from leaving the state or country.
How to remove your Michigan arrest warrant.
Much of what was said earlier regarding bench warrants also applies to arrest warrants. The court issues an arrest warrant in connection with new criminal cases in Michigan. Essentially, the person named on the warrant must appear in court to answer for a crime.
Once the court issues the warrant, it is entered into the Michigan State Police Law Enforcement Information Network (LEIN ). If you have a Michigan arrest warrant, you could be arrested anywhere. Once the warrant is active, the police may begin searching for you immediately.
Like a bench warrant, you can turn yourself in or wait to be arrested. However, the best move you can make to remove your Michigan arrest warrant is to hire a competent and experienced criminal defense lawyer. When you hire a lawyer, you can set the terms of your “turn-in.” You want to act promptly, with the help of an attorney who can present your situation in the best light for the best results. Get more information on Michigan arrest warrants.
Learn more about clearing arrest warrants.
How an attorney will help you remove your Michigan arrest warrant
If you believe you have an outstanding warrant, a criminal defense lawyer can assist you in several ways. Any Michigan warrant is serious and is not something you should try to handle yourself. An experienced criminal defense attorney will know the law, the court, and the procedures to guide you through the process. Also, there are excellent reasons why you should clear your arrest warrant.
In arrest warrant situations, an attorney will contact the police to let them know you have counsel. The lawyer will inform the detective that you will be in court for the arraignment. Most detectives appreciate when a lawyer helps clear the arrest warrant. The police like it when they do not have to track you down. Also, when you voluntarily turn yourself into the court, the detective is usually agreeable to bond. If you wait or delay the inevitable, the police will come and find you. Hiring an attorney will prevent that from happening.
Your lawyer will contact the court to arrange a turn-in to clear the Michigan arrest warrant. A “turn-in” involves walking into court on your own with your lawyer to be arraigned on the arrest warrant. The arraignment process will remove your Michigan arrest warrant.
The court will read the charges against you at the arraignment, set a bond, and arrange a new court date. Arraignments for either misdemeanors or felonies occur at the district court where the alleged crime occurred.
When setting a bond, the court looks at two factors: (1) whether you are a flight risk and (2) whether you are not a danger to society. Almost always, when you walk into the courthouse with an attorney, the bond will be lower than it would be if the police had to find you, arrest you, and bring you to court. When you voluntarily appear in court with a lawyer, you show that you have invested in your case. You make it known that you will appear for all future court appearances. Also, when you hire an attorney who is familiar with the court and whom the court is familiar with, the lawyer’s reputation helps you get either a personal bond or a lower cash bond.
Additionally, your lawyer will address the court regarding the court’s concern that you may present a danger to society. For example, if you have a fourth drinking and driving arrest the court believes that you are a danger to other people. However, your attorney will argue that an alternative like an alcohol tether would be appropriate instead of incarceration or a high cash bond. Your attorney would also tell the court that you will enroll in a treatment program. If the court is concerned about the safety of society, your attorney will provide alternative solutions to a high bond or incarceration.
A lawyer can arrange a booking if it is required by the court
Sometimes, the court requires that you be “booked,” photographed, and fingerprinted before the arraignment occurs. Usually, your attorney will contact the detective and arrange the time and date you will appear at the police station. During processing, the officers rarely ask you questions about the case. The attorney will tell you not to make any statements about the matter. Refuse to discuss your case unless your lawyer is present.
Most often, for low or non-dangerous offenses, you will be released from jail so you can appear in court for the formal arraignment. Nowadays, the arraignment can take place on video. Whichever way it occurs, the attorney will be there waiting for you to appear. Again, the fact that you hired a lawyer and voluntarily appeared at the court or police station positively impacts a judge’s decision to set a bond. Once the court sets the bond, you will be released from the police station.
If you face serious charges, your lawyer will recommend that you have a bail agent present at court. This will enable you to post bond immediately if the judge sets a high cash/surety bond. It would be best if you had family or friends present because your lawyer cannot give money to a bail bond agent.
Take Immediate Action to Clear Your Arrest Warrant
Any delays in clearing the matter could result in further court sanctions that could cost you money or jail time. If you take proactive action regarding the warrant, you can control the situation and avoid a public arrest. When you voluntarily appear on a warrant with an attorney, the judge will set a personal bond for the offense. Read more on how to get rid of a Michigan arrest warrant.
Our team routinely helps people remove their warrant across Michigan
If any type of warrant has been issued for your arrest, Czarnecki & Taylor can explain how to clear your Michigan arrest warrant. Our office regularly appears in courts throughout Macomb, Oakland, and Wayne County. Based on our experience, we know what each court expects so we can persuade the court to give you a low or personal bond.
Representing yourself or going with an inexperienced lawyer to an arraignment on a warrant can result in incarceration and irreparably harm your chances of obtaining a favorable resolution in your case. Don’t trust your fate to the lowest bidder; you must protect your freedom.
You should not handle the warrant process alone. Always hire competent and experienced counsel. You will save yourself embarrassment, money, and inconvenience as your lawyer will guide you through the process to clear your arrest warrant.
Contact Czarnecki & Taylor to help clear your warrant.
Our attorneys are highly skilled and experienced legal professionals who specialize in supporting individuals accused of crimes. Our attorneys have a successful track record representing people charged with crimes, from misdemeanors to felonies. We help clients every step of the way of the criminal justice process, from investigations and warrants to trials and appeals.
At Czarnecki & Taylor, we are proud to have a team of dedicated criminal defense lawyers who truly care about their clients’ well-being and future prospects. Our attorneys possess years of expertise in defending the rights and interests of those facing criminal charges, making them invaluable resources for anyone seeking help navigating through the complex legal system.
Whether you have been charged with a minor traffic violation or a serious felony offense, our criminal defense attorneys can provide you with the guidance and support you need to achieve the best possible outcome. We work alongside you every step of the way to identify your unique legal challenges and help you resolve them favorably through negotiation or litigation.
If you are facing criminal charges, get in touch with one of our experienced criminal defense attorneys today. We will be happy to answer questions you have about the process and assist you in taking the first steps toward protecting your rights and future.
Do you have a warrant? We can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.