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The Facts About North Carolina Arrest Warrants
In the United States there are many categories of warrants, each used for specific purposes, which are intended to help law enforcement protect the law and it's citizens. The three most common types of warrants are search warrants, arrest warrants, and bench warrants. All three of these give law enforcement the authority to carry out an arrest.
Arrest Warrants
An arrest warrant allows law enforcement to take an individual into custody based on the fact that they have probable cause that the person committed a particular crime. All arrest warrants must be signed by a judge in order for the warrant to be legal. Law enforcement must provide evidence in court to prove probable cause. Probable cause establishes that the person in question most likely committed the crime. Once signed by the judge, arrest warrants are maintained by the police at the local level. All law enforcement agents will have access to outstanding arrest warrants on file for all citizens. That's why it's important to know if you have a warrant in your name to avoid an unwanted arrest. The best way to find out is to conduct an online search. Start by typing in the first and last name of the person you want to search in the box to the right and you are on your way to finding out.
More often than not, police arrest citizens with outstanding warrants during a seemingly unrelated incident. If you end up in a routine traffic stop, get pulled over for speeding, or are caught committing another crime, the police will check their system for any active warrants in your name. If any warrants show up, they will have no other option but to arrest you on the spot and take you into custody. That's why it's imperative to know what's on your personal file.
Search Warrant
A search warrant is an order signed by a judge that authorizes police officers the right to enter a private property and search for specific items at a specified time. Search warrants are the only warrants that expire which means police must carry out the search within the time frame stated on the warrant or the warrant is not valid. They must then reapply and return with a new search warrant to conduct a legal search.
The purpose of a search warrant is for police to search a premise for evidence of a crime or illegal activity, such as contraband or stolen goods, and to come back later with a traditional arrest warrant due to the findings on site. This means they can only search the premise stated on the search warrant and can only seize the items listed.
Any evidence seized will then be allowed to be used against you in a court of law. Police officers must follow strict guidelines to obtain search warrants by submitting affidavits and evidence to a judge which establishes probable cause that a search warrant is necessary to aid in a criminal investigation. If they fail to do so, their evidence will be inadmissible in court.
The Fourth Amendment to the U.S. Constitution states that all citizens have a right to be free from unreasonable searches and seizures and that no warrants shall be issued, unless upon probable cause.
Bench Warrant
A bench warrant is placed on a person for not appearing in court for a scheduled court date. If you fail to appear in court for any reason a bench warrant may be ordered in your name. A bench warrant is usually issued in less serious cases to encourage a person to appear in court and face their charges. Regardless of the reason a bench warrant is issued, law enforcement has the right to arrest anyone in contempt of court. If this happens you will be brought before a judge to face the charges of the bench warrant as well as the original reason for the court order. It's strongly advised to never miss a court date so you can avoid further fines and ramifications with the law.
Do warrants expire?
The simple answer to that question is no. Arrest warrants, including bench warrants do not expire. There is no statute of limitations for warrants. The only action that will clear your name is to face the charges by appearing in court. In other words, active warrants stay active indefinitely.
What To Do If You Find a Warrant in Your Name
The best action to take is to try and resolve the warrant with the state. If you do nothing and ignore the warrant you risk getting arrested at any time since arrest warrants do not expire. Seeking the legal counsel of an attorney is a wise choice since a lawyer will be able to act on your behalf and represent you in court. Only a lawyer can advocate for you and get the best outcome for your case. A criminal lawyer will satisfy the warrant with the state in a professional manner and even get the record expunged if it's eligible. Remember, an outstanding warrant does not go away and will stay on your record until it's dealt with and will have serious consequences for you.
Some good advice is to never turn yourself over directly to the police. Hiring a lawyer to handle your case is the best way to approach the situation. A lawyer will be instrumental in getting the bond removed against you, scheduling a trial date to resolve your case in the court, and even bargaining for a lighter sentence.
Can I get an Arrest Record Expunged?
The answer to that is yes, but not all arrest records can be expunged. It depends on the nature of the crime and if you have a prior criminal history. The process isn't always transparent so it's in your best interest to hire a lawyer to handle any expungement case. In North Carolina, as in most states there is a waiting period involved before the arrest record can be expunged. The waiting period is usually between two to five years. A number of factors go into determining how much time must pass before you are eligible to apply for an expungement. Be sure to keep your record clean or your request for expungement will most likely be denied if you are arrested for a subsequent crime.
If you don't have any previous criminal history, you have a better chance of the court granting your expungement. Ultimately, a judge in a court of law will decide whether or not your records will be expunged. The decision is made on a case by case basis.
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