Reasons a Michigan arrest warrant is issued
When you find out a Michigan warrant has been issued for your arrest, anxiety and nervousness begin to set in. You do not want to be arrested at your place of work. Most certainly you do not want to get arrested during a traffic stop with your children in the car. A warrant will force you to look over your shoulder. This article explains what you should do to clear your Michigan arrest warrant.
A Michigan arrest warrant can be issued for misdemeanors and felonies. In fact, an arrest warrant can be issued for many reasons. These reasons could include a failure to appear in court, failure to pay fines and costs, probation violations and new charges.
Warrants consist of bench warrants or arrest warrants. Both of them will result in an arrest if not resolved but, the reasons they are issued are different.
- 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.
- 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
How to Clear a Michigan Arrest Warrant
If you received a letter from a detective or believe you have an outstanding Michigan arrest warrant, you should resolve that matter as quickly as possible. An arrest warrant never goes away. Ever. If you do not proactively resolve the arrest warrant, you run the risk of a public arrest at your place of work or home. Fortunately, there is a way to avoid that embarrassment and hassle.
The best move you can make to resolve the 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.”
Immediately contact a criminal defense lawyer to clear your Michigan arrest warrant.
If you received a letter from the police, a call from a detective, or you believe that you have a warrant, your criminal defense lawyer will be able to assist you in several ways. A Michigan arrest warrant is a serious matter and is not something you should try to handle on your own. An experienced criminal defense attorney will know the law, the court and procedures to guide you through the process.
If you have been contacted by a detective regarding an arrest warrant, your attorney will respond to law enforcement. Your lawyer will contact the detective via telephone and in writing to confirm that you will resolve the outstanding arrest warrant. Most detectives appreciate the fact that a lawyer will help clear the arrest warrant. Law enforcement does appreciate the fact that they do not have to track you down. Also, when you voluntarily turn yourself in to the court, the detective is usually agreeable or at least negotiable about the bond conditions. If you wait or delay the inevitable, the police will come and find you. Hiring an attorney will avoid that from happening.
Your lawyer will contact the court to arrange a turn in to clear the Michigan arrest warrant
If you have either a Michigan arrest warrant or bench warrant your lawyer will contact the court to arrange a time and date to do a “turn-in.” A “turn-in” involves you walking into court with your lawyer for an arraignment on the arrest warrant. The arraignment process will clear the Michigan arrest warrant.
At an arraignment the court will read the charges against you, set a bond, and arrange a new court date. Most arraignments for either misdemeanors or felonies take place at the district court in which the alleged crime occurred.
A court sets a bond to establish two factors: (1) that you are not a flight risk, and (2) that 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 your lawyer you show that you have made an investment in your case and 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 regarding the cost of your bond. Additionally, your lawyer will also 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 you can be assured the court believes that you are a danger to people on the road. However, your attorney can argue that instead of incarceration or a high cash bond an alternative like an alcohol tether would be appropriate. Your attorney would also argue that you will enroll in a treatment program. In essence, if the court is concerned about the safety of society, your attorney will provide alternative solutions to a high bond and/or incarceration.
A turn-in may occur at the police station
Sometimes, the court requires that you be “booked,” that is photographed and fingerprinted before the arraignment will occur. Usually, your attorney will contact the detective and arrange the time and date when you will appear at the police station to be processed. During processing, the officers almost never ask you about your case. However, your attorney will instruct you not to make any statements. Refuse to discuss your case unless your lawyer is present. Also, most often for low or non-dangerous offenses, you will be released from the jail so you can arrive at court for the formal arraignment. Your attorney will be there waiting for you to appear before the judge or magistrate. Again, the fact that you hired a lawyer, voluntarily appeared at the court or police station, has a positive impact on a judge’s decision to set bond.
If you are booked at the police station you may have your arraignment done via video. If that occurs, your attorney will be present at court for the video arraignment on the Michigan arrest warrant. During the arraignment, you will be able to hear and see your lawyer. He or she will be able to see you. Most of the time, once bond is set, you will be released from the police station.
An attorney can arrange for a bail bondsman to be present
If you are facing very serious charges your lawyer will recommend that you have a bail bondsman present at court. This will enable you to post bond immediately if the judge sets a high cash or surety bond. You should have family or friends present because your lawyer cannot give money to a bail bondsman.
If you have an outstanding Michigan arrest warrant you can take control of the situation and avoid a public arrest. Your attorney will arrange the time and date for a “turn-in” to either avoid jail time or minimize the time you will be in custody. Many times when you voluntarily appear in court on a warrant with an attorney, the judge will set a personal bond for the offense.
Contact our office to help clear your Michigan arrest warrant
The information in this article provides information concerning an outstanding Michigan arrest warrant. You should not conduct the process alone. Always hire competent and experienced counsel. You will save yourself embarrassment, money, inconvenience as your lawyer will guide you through the process to clear your arrest warrant.
Contact us anytime to discuss your case. All consultations are free.
JAMES E. CZARNECKI II (586) 718-2345
GENEVIEVE L. TAYLOR (586) 350-6044