By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV, 3, 2022
This article provides detailed information on the Michigan arrest warrant process. An arrest warrant is an authorization from the court that gives the police the authority to arrest someone. A police officer cannot issue a warrant. Only the court can. Typically, a police officer swears to facts that support the warrant in open court before the judge. A “swear to” is a statement made under oath alleging facts that support probable cause for an arrest.
Before the officer appears in court to obtain the warrant, the officer sends the request to the prosecutor. The prosecutor’s office reviews the file to determine if the facts support charging a person with a crime. Some requests are denied. However, the majority of the time, the prosecutor agrees to charge the person.
Once the prosecutor agrees that the person should be charged, the officer must appear in court to “swear to” the allegations contained in the warrant request. The court must determine if probable cause exists to believe that a crime has occurred and the correct person has been identified. A judge usually signs the requested arrest warrant. Our office has seen hundreds of “swear to” warrant requests and they were all signed by the judge. To be fair, this has something to do with the low legal standard for issuing a warrant.
To get a warrant, a police officer must present sufficient probable cause to support the belief that the named individual had committed a crime. The officer claims the individual had committed a felony or misdemeanor. Once the court issues the arrest warrant, the police can actively search for the individual to arrest them. The police can arrest a person at home, at employment, or anywhere else they find the suspect.
Michigan court rule information on Michigan Arrest Warrants
This is the Michigan court rule (MRE 6.102) regarding an arrest on a warrant
(A) Issuance of Warrant. A court must issue an arrest warrant, or a summons in accordance with MCR 6.103, if presented with a proper complaint and if the court finds probable cause to believe that the accused committed the alleged offense.
(B) Probable Cause Determination. A finding of probable cause may be based on hearsay evidence and rely on factual allegations in the complaint, affidavits from the complainant or others, the testimony of a sworn witness adequately preserved to permit review, or any combination of these sources.
(C) Contents of Warrant; Court’s Subscription. A warrant must
(1) contain the accused’s name, if known, or an identifying name or description;
(2) describe the offense charged in the complaint;
(3) command a peace officer or other person authorized by law to arrest and bring the accused before a judicial officer of the judicial district in which the offense allegedly was committed or some other designated court; and
(4) be signed by the court.
Once issued, Michigan arrest warrants never expire. An active Michigan arrest warrant does not disappear over time. It does not matter how much time has passed. Our office has received many phone calls from people who found out, years later, that they still had an active warrant for their arrest. A Michigan arrest warrant can only be canceled by the court.
Once a person finds out that an arrest warrant has been issued, he or she should immediately take action. The longer a person delays in appearing in court to address the warrant, the wrong message is sent to the court. Delays only convince the court that the person is not likely to appear in court for the next hearing. In that case, the court typically sets a higher cash/surety bond.
By being proactive and voluntarily appearing in court, a person sends a different message to the judge. A voluntary appearance with an attorney shows the person has made an investment in his or her defense, voluntarily appeared, and is likely to show up for all court hearings. The bond is much lower under those circumstances. The court might also set a personal bond, meaning that the person does not have to pay any money to remain free while the case is pending.
An arrest warrant does not mean a person is guilty of a crime. It is a formal accusation that a person may have committed a crime. Even though a warrant is issued, a person is presumed innocent until proven guilty beyond a reasonable doubt.
Problems with the warrant process
The biggest problem with the warrant process is that it is one-sided. The courts favor the statements of the police. When a police officer is“swearing to” the allegations in court, the accused does not have anyone in court challenging the statements of the police officer. It is not allowed.
During a “swear to” the police do not give the court any facts that may show a person’s innocence. That means the officer intentionally omits important facts out of the report. In almost every case, the police will leave out information that supports a person’s innocence. In fact, the police try to describe the facts in a way that makes the person sound guilty. They do this because the police want to make the court believe that it is likely that the person committed a crime.
Many police officers, not all, do everything they can to confirm that their version of events is correct. They see themselves as part of the prosecutor’s office. Instead, the police are supposed to be gathering facts that both help and hurt their theories. Despite this, the police engage in confirmation bias.
Confirmation bias is the tendency to interpret new evidence as confirmation of one’s existing beliefs or theories
Oxford Dictionary
Our office encountered this problem many times. We had to question the detectives’ investigations. Frequently, we had to investigate to prove our clients’ story when the police failed to follow up on information that showed our client’s innocence. The police said they were done investigating. All they had to do was take the information given to them and they would have seen our clients’ innocence. Ultimately, we had the case dismissed.
For example, the prosecutor charged our client with domestic violence and a felon in possession of a firearm. The officer-in-charge alleged that our client took his girlfriend’s handgun and left home with it. No one saw our client with the gun, and the police never arrested him with the gun. The police found the gun in the house. At the preliminary examination, our office asked the officer if he ever took fingerprints from the gun to confirm that our client touched it. The officer said, “It’s not my job.” Not his job to properly investigate a crime? That court dismissed the case based on our arguments. So, this officer only investigated facts that confirmed his theory. Again, confirmation bias.
An arrest warrant is only an allegation made by the police. As a criminal defense attorney for 17 years, I have seen the police make some wild accusations against people. As defense attorneys, we have to be skeptical when we read a police report. It is always a one-sided theory of the case.
Simply because a judge finds probable cause to authorize an arrest warrant does not mean that the person is guilty of the crime. Also, finding probable cause does not mean that a person does not have a solid defense to the allegations contained in the arrest warrant.
There is a big difference between probable cause for an arrest and the beyond a reasonable doubt standard for a trial. The probable cause standard is very low.
Probable cause means that the facts and circumstances within the police officer’s knowledge would lead the officer to reasonably believe that the person has committed a crime. That is all that is required for an arrest warrant.
To be guilty of a crime, a person must either plead guilty or have their guilt proven beyond a reasonable doubt. That standard is the highest burden of proof in our legal system.
The Michigan Standard Jury instructions state: “A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an imaginary doubt, but a doubt based on reason and common sense. Reasonable doubt is just that —a doubt that is reasonable, after a careful and considered examination of the facts and circumstances of this case.”
If, after a careful analysis of the evidence and reasonable discussions among the jurors those members of the jury still believe that there is doubt about the person’s guilt they must find the person not guilty.
Can a warrant be issued based only on someone’s allegations against you?
Yes. It is pretty easy to make an allegation against someone without much evidence to support the claim. Many people are surprised that someone can be so easily arrested. An arrest warrant only requires a low standard of probable cause.
Probable cause only requires “some” evidence that a crime was committed. A sworn statement by the alleged victim is all that is needed to have an arrest warrant issued in some cases.
What is a Bench Warrant?
Bench warrants are similar to arrest warrants because they allow the police to arrest someone. However, where an arrest warrant is issued because a person is wanted for a crime, a bench warrant is issued for a person’s failure to appear in court, failure to pay fines and costs, or a failure to pay a ticket.
Unlike an arrest warrant, the police do not actively search for the person with a bench warrant. Instead, the court usually waits for the person to be brought in after a traffic stop or encounter with the police.
What to do if you believe there is a warrant for your arrest.
The best source of information on Michigan arrest warrants is an attorney. If you are arrested because of a warrant, you should always remain silent. You have the right to refuse to answer any questions. You should immediately request an attorney. See additional information on why you should not talk to the police without an attorney.
Many people hurt their chances of a strong defense by talking to the police without an attorney. You will not talk your way out of a problem with the police. When you don’t have an attorney to assist you, the police will use every tactic they can to make you incriminate yourself. They can even lie to you. You really should read the article linked in the previous paragraph.
The police know that they have the advantage. They want you to keep talking. They want to manipulate your words. If you have been arrested or learn that you have an outstanding arrest warrant, you must request the assistance of an attorney. If someone you know was arrested, immediately retain an attorney to assist that individual.
It would be best if you did not talk to anyone about the case, at least until you speak with a criminal defense attorney. This includes text messages, emails, and voicemails.
How to find information on Michigan arrest warrants? Do you have a warrant for your arrest? Will the police let you know?
The police usually do not call people to tell them there is an outstanding arrest warrant. You may try to contact the police department or detective to get some information, but they will not tell you. They typically tell you that they cannot discuss that information over the phone. Instead, they will ask you to go to the police station to get that information. Of course, there, it will be easier to arrest and question you.
There typically isn’t a public website where people can look up arrest warrants. Yes, some websites claim to track arrest warrants. However, they are not reliable. Any attorney is your best option to get information.
HOW TO CLEAR AN ARREST WARRANT
In Michigan, there are usually two ways to clear a warrant.
- The police will mail the individual a letter indicating a warrant has been issued for their arrest. The letter will tell the person that they must appear in the police department for booking.
- Without notice: the police may arrest the person without warning. An arrest can occur anywhere, including home or place of employment. Some police departments will immediately start looking for the individual when the court signs the warrant. That is why it’s necessary to get ahead of the process by retaining a lawyer who can help clear the warrant before they find you at your home or work.
Scenario number 2 is a situation most people want to avoid. There is a reliable method for avoiding scenario 2 and gathering information regarding an arrest warrant. The previous link explains steps an attorney can take if a person is suspected of a crime. However, for the purposes of this article, you should contact a criminal attorney as soon as possible. It is never too early to hire a criminal defense attorney to protect you.
Once the court signs a warrant, a criminal case has officially started against the person. The warrant will then be entered in the Michigan State Police Law Enforcement Information Network (LEIN ). This means that every law enforcement agency in the country can see the Michigan arrest warrant.
If you suspect that you have an outstanding arrest warrant, your best course of action would be to contact an experienced criminal defense attorney. The attorney will work on your behalf to obtain information from the police or court about your charges, bond, and arrange a voluntary turn-in at the court or police department. This method avoids the risk and embarrassment of a public arrest.
At Czarnecki & Taylor PLLC, many police departments will work with us regarding arrest warrants. Our office sends a “pre-charge” letter to the detective indicating that we represent the person of interest. We notify the police that they need to first contact our office if they want to talk to our client. We also ask that if a warrant is issued, they notify our office to make arrangements to have the person voluntarily appear brought in court. We also discuss bond with the detective.
Here is additional information on how to clear your Michigan arrest warrant.
How quickly can the police get a warrant?
Suppose someone believes that the police will get a warrant for their arrest. Understandably, the person becomes anxious and nervous. It is incredibly stressful to be arrested at some unknown time. It is equally stressful not to know if a warrant will ever get issued. So it makes sense that people want to know how quickly the police will get the warrant. The answer is it depends on a few factors.
In serious cases, the police can get a warrant relatively fast. Law enforcement will type up a report, meet with the prosecutor, and do the swear to in a short amount of time.
Many factors determine how quickly an arrest warrant will be issued. Sometimes the police are slow to process the paperwork. This is especially true in minor cases, like retail fraud. In some drinking and driving offenses where a blood draw is used, it may take several months for the Michigan State Police crime lab to send the results to the detective. Many times, a warrant is issued after police complete the entire investigation. In very complex cases, this can take a great deal of time. Drinking and driving accidents causing death, homicides, and embezzlement, for instance, can take the police a long time to fully analyze and process the evidence.
The best way to eliminate some of the stress is to hire a defense attorney to act as your representative. Again, this article explains that it is never too early to hire a criminal defense attorney if you suspect that you are of interest to the police.
You have an advantage when you quickly hire a criminal defense attorney.
Our office believes in proactive criminal case management from the very moment a person is suspected of a crime. If retained early in the process, we make every effort to prevent the issuance of a warrant. We have often been able to work out a solution to the case where the prosecutor reduced the charges initially requested by the detective. In those instances, we knew the outcome of the case before the warrant had been issued.
It is in your best interest to hire an attorney as quickly as possible. Again, if involved early enough, our office can make efforts to obtain evidence showing you are innocence. There have been times when our office prevented a warrant for our client’s arrest.
There are many more advantages. Our office can manage your defense as soon as you suspect that the police are trying to investigate or arrest you. A proactive approach allows our office to:
- develop a strong defense
- reduce charges
- schedule a voluntary turn-in
- prevent an arrest at your home or work
- contact eyewitnesses
- preserve video and/or dash-cam
- argue for a low bond – when the attorney arranges for a voluntary turn-in, the bond is either a personal bond (no money needed) or a lower cash/surety bond
- find out if a warrant has been issued for your arrest; the court may want to set additional conditions on your bond such as drug and alcohol testing, tethers, no-contact orders, etc. We can eliminate or reduce some of these conditions
- send a letter to the detective to let our office know if and when a warrant will be issued – this removes the stress of not knowing if the police will show up at your home or work
- attempt to prevent the police from getting a warrant for your arrest
- prevent you from making damaging statements against yourself
- stop the police from trying to talk to you and manipulate your words
These things are out of your control, but they are not out of our office’s control. So, you can gain control over the case by hiring an expert criminal defense attorney. An experienced attorney knows there is a lot that can be done before your case starts. You do not want an attorney that “should have” or “could have. By the time they realize it, it will be too late. Your attorney’s experience and knowledge are critical to your success.
We also stopped our clients from going to the police department to talk to the police. Essentially, we prevented our client from being the best witness against himself or herself. Many people destroy their defense by trying to talk their way out of a situation. It seldom, if ever, works.
If the police want to talk to you, you should remain silent and request an attorney. Do not under any circumstances make a statement regarding the case. You do not have to make their job easier. That is exactly what the police want you to do. Never talk to the police without first consulting an attorney. Make the police get a warrant to search your home, car, phone, etc. The police cannot force you to cooperate. If and when it becomes advantageous to talk to the police, your attorney will tell you.
The importance of retaining an expert criminal attorney cannot be overstated. You want a representative to defend you through every phase of a case. You can lose the advantage if you unnecessarily delay hiring an attorney. It is similar to a doctor’s treatment of an illness. If the doctor diagnoses a condition early enough, it can be treated. If you wait too long, the condition may worsen.
Contact Czarnecki & Taylor to get information on Michigan arrest warrants.
Contact the Czarnecki & Taylor PLLC law firm if you are being investigated for a crime, the police want to talk to you, you suspect a warrant has been issued, or you have been arrested. A phone call will prevent you from making critical mistakes that could harm your defense and the outcome of the case. Our office can quickly get information on Michigan arrest warrants for you.
As experienced criminal defense lawyers in Macomb County, Oakland, and Wayne counties, Czarnecki & Taylor can protect you at every phase of the case. Our office will help guide you through the process. Czarnecki & Taylor will explain all of your legal options and develop the best defense for your case. Czarnecki & Taylor PLLC will put decades of criminal defense experience to work for your best interest. Here is a sample of our case results.
Do you have a legal issue? We’ve got an answer. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. Call us today at (586) 718-2345 or online for a free consultation.