By Attorney James Czarnecki|Czarnecki & Taylor PLLC|APR 8, 2024
One of our office’s most frequently asked questions is, “Do Michigan warrants expire?” or “how long do Michigan warrants last?” Contrary to myths suggesting that warrants can expire by avoiding arrest for a certain amount of years, Michigan warrants never expire. Evading one can lead to significant legal repercussions, affecting bail, sentencing, and even travel. Michigan arrest warrants last for 5, 10, or even 30 years until the person is arrested or appears in court.
Key Aspects of Arrest Warrants
An arrest warrant is a critical legal instrument in the enforcement of Michigan criminal laws and order, granting police the authority to apprehend individuals accused of criminal activities. Notably, arrest warrants issued in Michigan hold validity across all states.
- Issuance and Validity: Only judges can issue arrest warrants, requiring probable cause based on evidence such as investigation findings, witness statements, or police reports.
- Execution: Law enforcement can arrest the named individual at various locations, including their home, workplace, or other establishments.
- Cancellation: Appearing in court for an arraignment is the sole method to have a warrant canceled or set aside.
Why Michigan Warrants Never Expire
Understanding the Permanence of Arrest Warrants
Arrest and bench warrants are designed with a singular purpose: to ensure that individuals accused of offenses are brought to justice. This principle underpins their lack of expiration, a feature that might surprise those unfamiliar with the legal system. Here’s a closer look:
Indefinite Validity:
- Arrest warrants and bench warrants do not expire. They remain active until the subject is apprehended, the court recalls the warrant, or the subject’s legal issues are resolved.
Recall and Resolution:
- Courts can recall warrants after a certain period, depending on the offense’s seriousness. However, this doesn’t mean the charges disappear; it merely reflects a procedural aspect of the legal process.
- Resolution requires the individual to appear before a judge to address the underlying matter, ensuring the warrant’s closure. Only a court of competent jurisdiction can recall or lift an arrest warrant, necessitating the appearance of the named individual in court.
Geographical and Temporal Reach:
- No Expiration Across States: In states like Michigan, warrants keep their validity indefinitely. A decades-old unpaid citation in Michigan, for instance, could still lead to an arrest today.
- International Considerations: Deportation or removal orders, akin to arrest warrants, also do not expire, signifying the global reach and permanence of such legal instruments.
Statute of Limitations
The relationship between arrest warrants and the statute of limitations presents a nuanced legal scenario. While the statute of limitations sets a deadline for initiating legal proceedings for specific offenses, arrest warrants transcend these time constraints. Also, the statute of limitations does not run for a criminal charge as long as an arrest warrant is outstanding. Key points include:
- Statute of Limitations: Defines the period within which legal action must begin.
- Indefinite Validity of Warrants: Despite the expiration of the statute of limitations, arrest warrants remain active, enabling law enforcement to arrest the individual at any time. The clock on the statute of limitations stops as long as a warrant is active and not resolved.
These points underscore the critical nature of addressing warrants promptly, highlighting the legal system’s commitment to accountability and justice. Since Michigan arrest warrants never expire, take care of the warrant as soon as possible. The longer the warrant is pending, the higher chances are that the court will hold you in jail or set a high cash bond. Courts do not reward people who evade the law.
There are advantages to proactively resolving a warrant. When you voluntarily appear in court, especially with an attorney, the bond is a “personal bond,” meaning money does not have to be paid to the court, or a reasonable cash bond with a 10% provision. A person’s voluntary appearance in court assures the judge that putting them in jail until the case is resolved is unnecessary.
The Impact of an Active Arrest Warrant
An active arrest warrant significantly disrupts daily life and imposes substantial limitations on an individual’s freedom and opportunities. Here are some of the critical impacts:
- Employment Consequences
- Job Search Difficulties: Background checks may reveal warrants, affecting employment prospects.
- Travel and Access Restrictions
- Air Travel: Security checks at airports will prevent passage.
- Military and Federal Property: Access to bases and federal buildings is denied, with detainment upon attempted entry.
- Restricted Movement: Limits on traveling freely, especially outside local areas or states.
- Legal and Social Implications
- Immediate Detention: Police can apprehend at any time, leading to jail until resolved.
- Social Stigma: Reputation damage makes securing jobs or education challenging.
Each of these impacts underscores the necessity of addressing an outstanding warrant promptly to mitigate its far-reaching consequences.
Eliminating the Negative Consequences of an Arrest Warrant
Since Michigan warrants never expire, immediate and proactive steps are essential to mitigate its effects and navigate the legal landscape effectively. Here’s a structured approach to managing the situation:
- Legal Representation:
- Immediate Action: Contact an experienced criminal defense attorney without delay. Getting the best legal representation to get rid of a warrant.
- Court Appearance: Voluntarily appear in court with your attorney, rather than being detained and appearing in custody.
- Recall or Quash: Understand having your warrant recalled or “quashed” with legal assistance.
- Understanding Warrants:
- Clarify Warrant Type: Determine whether it’s because of an alleged crime, failure to appear, or unpaid fines.
- Strategic Legal Actions:
- Verify Warrant: Have your attorney confirm the existence of a warrant and its details.
- Arrange Hearings: Coordinate arraignments or other necessary court appearances.
- Bail and Plea Deals: Discuss bail options and the possibility of negotiating plea deals, case dismissals, or trial.
Taking these steps not only helps in potentially clearing the warrant but also minimizes the disruption to your life, offering a clearer path forward in addressing the legal challenges.
How to get a Michigan warrant cancelled.
If you currently have a warrant for your arrest or believe that a warrant may have been issued, you need to take immediate steps to help yourself. Quickly responding to the warrant reduces the risk of spending time in jail. Again, if the court issues a cash bond, it is considerably lower than it would be if you were brought to court by the police.
- Hire an experienced criminal defense attorney – hiring an experienced criminal defense attorney is an investment in your defense. Even though you have to retain an attorney, you will save money in the long run because you may get a personal bond. As stated earlier, a cash bond is usually lower if you when you have retained counsel. Besides bond, hiring an attorney has additional benefits by taking the following steps:
- Find out the proper jurisdiction – your attorney will contact the court to confirm if that a warrant had been issued
- Determine the nature of the charges – your attorney will find out if the warrant is for a felony or misdemeanor charge; if it is a bench warrant, your attorney will try to determine the reason such as failure to appear for a hearing, probation violation, failure to pay fines and costs, etc.
- Set up an arraignment date – your attorney will arrange a specific time to meet you at court to appear before the judge to have the warrant canceled.
- Argue for a personal bond – since you appeared in court voluntarily with an attorney, your lawyer will argue that you are not a flight risk and not a danger to society
- Argue for a lower cash/surety bond – if the offense is a serious felony, your attorney will argue for alternatives, such as a tether instead of a high cash bond. There are alternatives to a high cash bond that an experienced attorney will know how to present to the court in the situation.
- Make other arrangements that can help get a personal bond or lower cash bond – for example, if you have been arrested for an Operating While Intoxicated offense, your attorney may suggest that you start counseling before the arraignment so that information can be presented to the court to show that you are not a risk or danger while free on bond. There are many strategies your attorney can employ, depending upon the specific factual scenario.
- A formal appearance and letter from an attorney may waive the arraignment. When your attorney files an appearance informing the court that the attorney will represent you in this case, sometimes the court will cancel the warrant based on the attorney’s promise that you will appear. A court familiar with your attorney will know your attorney’s reputation. So, sometimes, the warrant can get canceled without a court appearance.
How to Find Out if You Have a Michigan Warrant – A Comprehensive Guide
What is an arraignment on a warrant?
An arraignment is usually the first opportunity for a person to appear in court after being charged with a crime. An arraignment aims to inform the individual of the charges against them. The court will set a bond as well. An arraignment is a process by which the court cancels the warrant.
At an arraignment, a plea of “not guilty” or “stands mute” to charges is entered on the person’s behalf by the court. According to the law, a person charged with a crime is entitled to bond or a bond hearing. When setting a bond, a judge will consider:
- The seriousness of the crime
- The protection of the public.
- The previous criminal record and the dangerousness of the person accused of the crime
- The probability of the person accused appearing at all court dates
When setting a bond, besides a monetary amount, the court may also impose specific conditions. The conditions could include:
- drug testing
- alcohol testing
- no-contact orders with specific individuals
- counseling
- GPS tether
- SCRAM (alcohol tether)
- Sober-link
- travel restrictions
- exclusion from certain places
The presence of an attorney at a bond hearing can mean the difference between a person’s release on a cash/surety bond or a personal bond (no money needed). Also, an attorney can eliminate arguably extreme conditions and get no-contact orders lifted.
How do I get rid of a Michigan felony warrant?
The process for getting a felony warrant canceled differs from that for a misdemeanor. Felony warrants require the person to appear in court to have the warrant canceled. Again, the best decision you can make to get the best results is to hire an attorney. See this article for additional information.
As stated earlier, the court considers several factors when setting a bond. An experienced lawyer will know how to persuasively, effectively, and competently address each factor so that you can receive the lowest bond possible. Do not appear alone in court. Do not wait to get arrested.
So, the most effective way to get rid of a Michigan felony arrest warrant, or any warrant for that matter, is to hire a well-respected criminal defense attorney. If the court knows and respects your attorney, the arraignment process will be much easier for you.
How to cancel a Michigan arrest warrant for a probation violation?
If you have received notice that you have violated your probation, you may have to appear in court to have the warrant canceled. However, sometimes our office has contacted the court and filed an appearance that cancels the warrant.
Your attorney can suggest steps you can take to fix the reasons the probation violation had been issued. When you are out on bond, the chances of avoiding jail time for the violation are increased, as long as you take the steps necessary to fix the violations.
Czarnecki & Taylor can help you cancel your Michigan arrest warrant.
Understanding the nuances of arrest warrants is crucial, but taking the steps to resolve them is paramount. For those facing the daunting prospect of dealing with an outstanding arrest warrant, seeking professional legal help can provide a pathway for navigating the complexities of the legal system effectively. If you find yourself in this situation, contact Czarnecki & Taylor to help get rid of your warrant, ensuring you take the most informed and strategic approach towards resolving legal challenges and safeguarding your future.
As a team of experienced legal professionals, our firm has a track record of success in representing people who are charged with any type of crime. We understand what you are going through and will work to achieve the best possible outcome for your case. Our goal is to protect your rights and help you navigate through this difficult time. Whether you have been accused of a felony or misdemeanor, we can provide guidance throughout the entire process and help you build a strong defense strategy that achieves the results you need.
Do you have an outstanding warrant? We will help you navigate the process to clear it. 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.