Denver (Colorado) Warrant Check: Free Online & Phone Options

What is an Arrest Warrant?

According to LawCornell, an arrest warrant is a legal document issued by a judge or magistrate, authorizing law enforcement to detain an individual accused of a crime [1]. This document is granted upon establishing probable cause, meaning there is enough evidence for a reasonable person to believe that the individual is involved in criminal activity.

Arrest warrants serve the purpose of protecting people from unlawful arrests under the Fourth Amendment. The warrant also gives an actual notice to the person or persons being arrested about the charges pressed against them

While having an arrest warrant is ideal, it is not always mandatory for making a lawful arrest.

Legal Precedents on Arrest Warrants
In City of Saint Paul v. Adolph Toblera, the Supreme Court of Minnesota described an arrest warrant as “a judicial process by which, in the name of the state, a defendant is brought before the court to answer a criminal charge made against him.”

In Bienenstock v. McCoy et al., the Supreme Court of New York defined an arrest warrant as “a judicial order or command, in writing, in the name of the people, signed by an authorized judicial officer commanding the arrest of the defendant named for the crime charged therein.”

These definitions highlight the judicial nature of arrest warrants and their role in upholding legal standards and individual rights.

Also Read: What Are Pretrial Services in Denver, Colorado?

What is a Bench Warrant?

A bench warrant is issued when a defendant fails to comply with court orders or does not appear at a scheduled court date.

Once a judge issues a bench warrant, the police can treat it like a standard arrest warrant and use it to track you down, take you into custody, and bring you back into court. This process may occur quickly, or it could take several days, weeks, or months. The crucial thing to remember is that once you have a bench warrant out, you could get arrested anytime.

How Bench Warrants Operate
Bench warrants can arise from both criminal and non-criminal cases, potentially leading to criminal charges.

Common reasons for issuing a bench warrant include:

• Failure to Appear in Court: Missing a scheduled court appearance, whether for a traffic ticket, arraignment, pretrial conference, trial, or sentencing, can result in a bench warrant.
• Non-Compliance with Court Orders: Ignoring court orders, such as paying traffic fines or child support, can also lead to a bench warrant.

A judge issues a bench warrant to compel an individual’s appearance in court. Upon appearing, the judge may either release the person with a warning or take them into custody, depending on their criminal history and perceived flight risk.

Failing to appear in court can have serious consequences, including fines, penalties, and even the suspension of your driver’s license. In some instances, you may be held in custody until a new court date is set. While bail may be an option, it can be set at a high amount.

How to Check for a Warrant in Colorado

Warrants can be issued for various reasons, and there is no guarantee you will be notified before one is issued against you.

Common reasons for a court to issue a warrant include:

• Failure to Appear (FTA): Missing a court hearing where you were ordered to appear for sentencing or to face criminal charges.
• Unpaid Traffic Citations: Not responding to or paying a traffic ticket.
• Child Support: Failing to make timely child support payments.
• Suspected Crimes: Warrants for arrest based on suspicion of a crime, accompanied by a sworn affidavit.
• Jury Duty: Not responding to a jury duty summons.
• Subpoenas: Ignoring a subpoena to testify in a criminal or civil matter.
• Court Fines or Restitution: Failing to pay court-ordered fines or restitution.
• Probation or Community Service: Not complying with court orders related to probation or community service.

How to Check for an Active Warrant in Colorado
Finding out if there is an active warrant against you can be challenging. Depending on your location in Colorado, you may be able to use your jurisdiction’s online system to check for active warrants, or you can call the warrant department. You will need identifying information such as your name, age, birth date, race, and sex.

Be cautious about visiting the court in person if you suspect there might be an active warrant against you, as you could be immediately taken into custody.

Your Right Under Arrest in Colorado

The Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution stipulate that every arrest warrant must be based on an oath affirming probable cause for the alleged offense.

Upon arrest, the officer must inform you of your constitutional rights, including:

• The right to remain silent
• The right to have an attorney present
• The right to a court-appointed attorney if you cannot afford one

If you are arrested, you are only required to answer questions about your identity, such as your name and date of birth. It is crucial to stay calm, be polite, and request to speak with your lawyer immediately.

You are entitled to make a phone call within a reasonable time after booking. While calls to your lawyer are private, police may listen to other calls, so be cautious about what you say. You will be brought before a judge for arraignment as soon as possible, typically within 48 hours of your arrest.

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References:

1. https://www.law.cornell.edu/wex/arrest_warrant