Expiration of Warrants

Warrants are issued by a judge through law enforcement agencies in order to secure the arrest of a suspect or search a suspect’s dwelling or belongings. Some warrants take time to obtain, but others are much quicker with the advances in technology.

A police officer may have a warrant issued within minutes with the use of a smartphone and internet service. A judge may sign and hand off one of these through the electronic service of a phone so that a person may be searched or arrested in a swifter manner than ever before. However, in the areas where this is not possible, the law enforcement officer must contact a judge and explain the issue. After this occurs, a wait may be necessary that may take days depending upon the charges, factors of the issue and other problems that may arise.

Warrants issued for felony charges do not expire. Warrants are processed based on the crime, case involved and violation specifics. It is possible the person is never found.
This means the person may have an outstanding warrant in one state but reside in another and not face an arrest. Typically, the person is either very lucky or has taken steps to prevent himself or herself from incarceration through various means. It is possible that the individual with the warrant for arrest does not show up for court and has no knowledge that he or she will be arrested. In some instances, the suspected person may evade a warrant purely by accident. When stopped for a routine speeding ticket or similar transgression, he or she may be arrested at that time.

Bench Warrants

A bench warrant is a transcribed order supplied by a judge sanctioning the arrest of a person charged with some violation, criminality or misdemeanor. These do not expire on their own. They do not fade away even if the suspect has not been apprehended years after the issuing of the warrant. Unless a judge recalls or deletes the warrant, it will remain outstanding in law enforcement until the subject expires. Some individuals hire lawyers to have bench warrants recalled from cases that reach back to the 1970s. This is mainly because these persons are completely unaware of these issues until one police officer attempts to arrest him or her based on a long-standing outdated bench warrant.

Some employees are subjected to background checks to satisfy the insurance agencies used for the company. The insurance business requires these checks as standard procedure in most instances. The concept of these background checks is to ensure the place of employment is not harboring a criminal or someone on probation or parole. This also applies to someone that may have an issue with a judge that has not been resolved. These checks also protect the employer and a halt of business interactions if the person may be arrested in the middle of a shift.

Warrants Affecting Other Areas

Some issues with warrants placed upon individuals have to do with the Department of Motor Vehicle not releasing a license due to a hold. A person may not be entitled to renew his or her license because a warrant has been issued for the driver. When these persons are out of the country and attempting a return, immigration may not allow this due to the legal issue. The traveler may be detained at United States Customs and barred from entering the country unless the warrant has been resolved, set aside or rescinded. This provides several complications when someone is traveling on business or with family.

Why Warrants Do Not Expire

While there are several types of warrants, most remain active to ensure the person is dealt with legally for any crime or evidence necessary for cases in court and outside of court. A person may not evade a warrant until it expires, so he or she must eventually deal with it. However, some of these do become unresolved through extensive time frames passing. If the statute of limitations on certain crimes has passed, the warrant is no longer useful in arresting or searching the person or residence due to the violation’s time being exceeded for a case. Search, arrest and complaint warrants are the most affected by time passing.

Seek Assistance from a Lawyer

To ensure the rights of the accused are protected, it is best to seek some type of legal help. A lawyer experienced in warrants is best to seek advice or counsel from, as he or she may provide the best assistance in these matters. If certain factors are met, the warrant may be rescinded or set aside with the help of a legal representative.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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