In most cases, you would not know that there is a warrant for your arrest until the police come to arrest you. However, if you are a suspect in a criminal investigation, violated the terms of your probation, or missed a court hearing, you may expect that you will be arrested in the future. Here are the steps you need to take to protect yourself.
We’re Here For You
Worried There’s A Warrant Out For You? Talk To Us First.
Finding out police may be looking for you is frightening, and it is natural to feel unsure about what to do next. Before you turn yourself in or answer any questions, talk with our Norfolk criminal defense team. We will listen, explain where you stand, and help you plan your next step so you are not facing this alone.
Schedule A ConsultationTwo Types of Warrants in Virginia
There are two types of warrants in Virginia. The first is an arrest warrant. A judge would sign it after the police collected enough evidence to charge you with committing a crime.
The second type of warrant is a bench warrant, which a judge can issue if you violate the terms of probation, fail to comply with court orders, or miss a court hearing. It is also referred to as a capias warrant if you fail to appear in court. A bench warrant gives the police the authority to detain and arrest you.
Key Takeaways
What To Know About A Warrant For Your Arrest In Virginia
If you think there may be a warrant for your arrest in Virginia, acting quickly and carefully can protect your rights and limit how long you spend in custody.
- Virginia uses two main warrants: an arrest warrant signed by a judge after police gather evidence, and a bench warrant issued for court-related violations.
- A bench warrant can follow a missed hearing, a probation violation, or ignoring a court order, and one issued for failing to appear is also called a capias.
- Speak with a criminal defense attorney before surrendering so you turn yourself in to the correct jurisdiction and avoid extra time in jail.
- Stay silent with police, and never discuss your case with a cellmate or on a jail phone, since those statements can be used against you.
Steps to Take If There Is a Warrant for Your Arrest
You need to take immediate actions to protect your legal rights when you discover that a warrant has been issued for your arrest. These are the first steps you should take:
- Call a lawyer. You should retain an experienced criminal defense attorney as soon as possible. They can advise you on what you should do and be present when the police interrogate you. They can also mount a defense for you—even if you are guilty—that could result in the charges being dismissed or reduced to a less serious offense.
- Arrange for bond. If you were arrested for a serious offense, you would most likely have to post bond in order to be released from jail. You will need to contact a bail bonds person to arrange for this.
- Turn yourself in. After consulting with your lawyer, you will need to surrender to the police. It is important to do so in the correct jurisdiction so that you do not have to remain in jail for any longer than is necessary.
- Remain silent. You should exercise your constitutional right to remain silent. Any statements you make to the police could be used against you. You should also not discuss your criminal case with a cellmate or on the telephone at the jail.
FAQs
Arrest Warrants In Virginia: Answers To Common Questions
Learning there may be a warrant for your arrest in Virginia raises urgent questions. Here are direct answers to the ones Norfolk and Virginia Beach clients ask us most.
What is the difference between an arrest warrant and a bench warrant in Virginia?
An arrest warrant is signed by a judge after police collect enough evidence to charge you with a crime. A bench warrant is issued by a judge when you violate probation, fail to follow a court order, or miss a court hearing. Both give police the authority to detain and arrest you.
What is a capias warrant?
A capias is a type of bench warrant issued when you fail to appear in court. If you missed a scheduled hearing in Virginia, a judge can issue a capias that allows police to take you into custody. Contacting a defense attorney quickly can help you address the missed date and plan your next step.
Should I turn myself in if there is a warrant for my arrest?
Yes, but talk to a criminal defense lawyer first. Your attorney can help you surrender in the correct jurisdiction so you are not held in jail longer than necessary, advise you on arranging bond, and be present if police want to question you. Surrendering without a plan can create avoidable problems.
Should I talk to police after I am arrested on a warrant?
No. You have a constitutional right to remain silent, and anything you say to police can be used against you. That also applies to conversations with cellmates and calls made on jail phones. Politely decline to answer questions and ask to speak with your attorney.
Is there a warrant out for your arrest in Norfolk or Virginia Beach? Call our Norfolk office or fill out our contact form to learn how our knowledgeable criminal defense attorneys can help you achieve the best outcome in your case.
Visit Us In Norfolk
Get Help With An Arrest Warrant From A Norfolk Defense Attorney
If you believe there is a warrant for your arrest, talking to a local defense attorney before you surrender can make a real difference. Our office is in downtown Norfolk, close to the courts, and we help clients throughout Norfolk, Virginia Beach, and Hampton Roads plan their next step.
Interactive map loads on the live site.
Tavss Fletcher – Norfolk Office
555 E. Main St, Suite 1400
Norfolk, VA 23510
| Related Links: |