Turning Yourself In for a Misdemeanor Warrant: What to Expect

What is a Misdemeanor Warrant?

A misdemeanor warrant is a legal order issued by a judge authorizing your arrest for a misdemeanor offense. Unlike in felony cases, a misdemeanor warrant does not require the same level of “probable cause” or evidence to justify the arrest.

Simply issuing a misdemeanor warrant by a judge is enough for law enforcement to arrest you if you come into contact with them.

Immediate Steps If You Have a Misdemeanor Warrant:

1. Stay Calm – Don’t Panic:

•  A misdemeanor warrant is severe but manageable
•  You have options available
•   Most people are released same-day after processing

3. Prepare These Documents Before Turning Yourself In:

•    Government ID
•    Proof of Address
•    Contact Information for Family/Friend
•    Any Medical Information
•    Cash for Possible Bail

4. Know Your Rights During Surrender:

• Right to remain silent
• Right to attorney representation
• Right to know the charges
• Right to reasonable bail

Bench Warrant vs Arrest Warrant

In most states, there are two types of warrants: bench warrants and arrest warrants. Both allow law enforcement to apprehend you, but they serve different purposes.

Bench Warrants
Bench warrants are issued by a judge from the bench, typically for violations such as failure to appear in court, failure to comply with court orders, or failure to pay fines. They are not related to committing a new crime but to procedural or court-related issues.

Arrest Warrants
Arrest warrants are issued when the court deems law enforcement should arrest a person for an initial crime. This is the kind of warrant for which law enforcement needs probable cause. The police must have evidence that the person in question may have committed the crime for an arrest warrant to be issued.

How Do I Know If I Have a Warrant for My Arrest?

According to SCLG, to check for a warrant for your arrest, you can search specific websites where warrants are listed [1]. Once a judge issues an arrest warrant, it’s entered into a database accessible to the public.

You can search:

• The local sheriff’s website,
• The local court’s website or
• The website of the Superior Court of your state.

Further, people can always consult with a criminal defense attorney to learn the status of an arrest warrant. A skilled defense lawyer can not only provide information as to the presence of a warrant, but the attorney can also advise a party on the best way to handle the warrant if one exists.

How Long Does a Warrant Stay Active?

An arrest warrant for a misdemeanor remains active until it’s cleared, the suspect is arrested, or they pass away, meaning warrants never expire.

However, if the criminal statute of limitations (SOL) expires, the case may be dismissed due to time limitations. In most states, the SOL for misdemeanors is generally one year from the offense.

It’s important to note that arrest and bench warrants do not expire. Once issued, law enforcement can execute a warrant during encounters such as a traffic stop. Misdemeanor warrants stay active indefinitely and typically appear on background checks, potentially leading to a driver’s license suspension by the DMV.

Misdemeanor warrants will not typically result in law enforcement officers visiting the neighborhood to look for you.

Instead, police will wait until they encounter you, such as at a routine traffic stop. While there could be a delay in executing the warrant, the offense leading to the warrant is still subjected to the criminal statute of limitations.

What Offenses Result In Misdemeanor Warrants?

Common offenses that result in misdemeanor warrants include: 

• Traffic violations (such as failure to appear for a traffic ticket)
• DUI/DWI charges 
• Other minor criminal violations

Understanding the nature of your specific charge can help you better prepare for the surrender process.

Simply issuing a misdemeanor warrant by a judge is enough for law enforcement to arrest you if you come into contact with them.

Now that you understand what triggers a misdemeanor warrant, here are the immediate steps you should take if you believe a warrant is active against you.

Immediate Steps If You Have a Misdemeanor Warrant

If you have a verified misdemeanor warrant, consider turning yourself in. By controlling the timing and manner of your surrender, you can prevent personal disruption and embarrassment.

Before surrendering, follow these key steps to prepare yourself mentally, legally, and practically:

1. Stay Calm – Don’t Panic

• A misdemeanor warrant is severe but manageable
• You have options available
• Most people are released the same day after processing

2. Prepare These Documents Before Turning Yourself In

• Government ID
• Proof of Address
• Contact Information for Family/Friend
• Any Medical Information
• Cash for Possible Bail

3. Know Your Rights During Surrender

• Right to remain silent
• Right to attorney representation
• Right to know the charges
• Right to reasonable bail

In addition to these steps, you’ll want to take several preparatory actions to ensure a smooth surrender process.

Pre-Surrender Action Checklist:

• Schedule a consultation with a defense attorney
• Inform a trusted family member of your plans
• Choose an optimal time to surrender (business hours preferred)
• Plan transportation to and from the police station

What Are The Benefits Of Turning Yourself In?

One significant benefit of turning yourself in voluntarily is the improved likelihood of securing a lower bail amount.

Courts often view voluntary surrender as a demonstration of responsibility and cooperation with the legal system, which can positively influence bail decisions. This cooperative approach may reduce your financial burden during the legal process.

Turning yourself in can work in your favor when negotiating plea deals.

Prosecutors and judges often view early cooperation more favorably, compared to cases involving arrests or ongoing warrant avoidance, potentially leading to:

• Reduced charges
• Alternative penalties
• Lighter sentencing recommendations.

Turning yourself in is undoubtedly stressful, but taking control of your situation through voluntary surrender helps reduce the anxiety and fear associated with unexpected arrest, replacing it with a predictable, manageable process.

How Do You Turn Yourself In?

When you turn yourself into the police, you typically visit your local police station and speak to an officer to provide your details and inform them that you are a suspect for an offense.

Consulting with a criminal defense attorney before turning yourself in is critical. An attorney can help coordinate your surrender with law enforcement or court officials, potentially secure your release on own recognizance (O.R.), and develop a strong defense strategy from the start.

This consultation gives you control over the process and ensures you don’t say anything that could be recorded and used against you.

Working with your attorney will help you minimize personal disruption. For example, scheduling your surrender during business hours may facilitate processing and release. 

Your attorney can also coordinate with law enforcement to minimize delays and embarrassment while demonstrating cooperation to the court—potentially reducing bail amounts and ensuring the process is handled professionally and efficiently.

After you report the offense at the police station, the police may take several actions based on the nature of the offense and surrounding circumstances.

They may arrest you immediately or invite you for a voluntary interview, also known as an interview under caution. This interview could occur immediately or be scheduled for a later date.

In the police station, you’ll move through a standard processing procedure. Understanding what happens during each phase—typically spanning 3-4 hours—can significantly reduce anxiety and help you stay prepared.

Here’s a breakdown of what to expect during this critical time:

ARRIVAL (Hour 1):

• Initial Check-In: Upon arrival at the facility, you will go through an initial check-in process where staff will greet you and explain the procedures.
• Basic Information Verification: Your personal information will be verified, including your name, date of birth, and any relevant identification.
• Property Inventory: Any personal belongings you have will be inventoried and secured for safekeeping while in custody.

PROCESSING (Hours 2-3):

• Fingerprinting: You will undergo fingerprinting, a standard procedure to create a record of your identity.
• Photograph: A mugshot will be taken for identification purposes.
• Background Check: Law enforcement will conduct a background check to review prior offenses or warrants.
• Initial Hearing (during court hours): If it’s a weekday and court is in session, you may have an initial hearing where charges are formally presented.

RELEASE OPTIONS (Hours 3-4):

• Own Recognizance: If deemed appropriate, you may be released on your recognizance, meaning you promise to return for future court dates without paying bail.
• Bail Payment: If bail is set, you can arrange payment through cash or a bail bond service to secure your release.
• Next Court Date Assignment: Upon release, you will receive information regarding your next court date and any additional requirements.

What Happens After Your Initial Release?

After your initial release, you may face subsequent court appearances.

Your first formal appearance is typically an arraignment, where charges are read, and you enter a plea. If you pleaded not guilty, your case may proceed to trial or be resolved through plea negotiations.

Throughout this process, maintaining contact with your attorney and appearing at all scheduled court dates is essential to avoid additional legal complications.

It’s essential to remain calm and cooperative throughout all procedures. Always consider seeking legal counsel if you have questions about your rights or the charges against you.

Related Articles:

• Released on Own Recognizance
• How Long Do You Stay in Jail for a Bench Warrant?
• 5 Reasons for Retracting a Statement

If you’re accused of a crime, don’t hesitate to contact us for your free consultation with one of our experienced personal injury lawyers.

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References:

1. https://www.shouselaw.com/ca/defense/warrants/arrest-warrants/