A felony warrant is a type of arrest warrant, issued by a court, that authorizes the apprehension and arrest of an individual suspected of committing a felony crime. A warrant is a legal document, issued in most cases by a judge after his consideration of evidence that has been provided by law enforcement officials. In particular, a felony warrant must include a signed affidavit of the crime committed, and the name of the accused.
Of the two broad classifications of crimes, misdemeanors and felonies, felonies are typically more severe. In many cases, however, when a felony is suspected to have been committed — and very often in cases where a law enforcement officer witnesses a crime — a felony warrant is not needed, as an officer can arrest a suspect based on what is known as probable cause. Nevertheless these warrants are routinely issued by courts, especially in cases that involve a suspect actively evading capture.
Other common situations that may call for the use of a felony warrant include when a witness or victim reports a crime after it has occurred. A felony warrant becomes vital, in such cases, to alerting other law enforcement agencies that a suspect is wanted. Warrants do not always result in forcible arrests, however. Individuals who learn there is a warrant made out in their name can contact law enforcement and arrange their own surrender, in an organized and peaceful fashion.
A felony warrant generally does not have a set expiration date, and, rather, remains in effect until an arrest is made or until a countermanding order is issued by the court. Some jurisdictions may consider recalling a warrant if they are contacted by the suspect, and a deal is arranged for a surrender or for a court appearance.
Though what constitutes a felony crime can vary from jurisdiction to jurisdiction, these are generally accepted to include violent crimes, such as rape and murder, as well as serious, non-violent crimes, like auto theft and robbery. Many so-called white collar crimes, which typically involve lying under oath and obstruction of justice, are also considered felonies. Typically a felony is a crime for which the punishment, or sentence, is a year or longer in prison. Examples of crimes that may vary between felony and misdemeanor — depending on the laws of the jurisdiction in which the crime was committed — include illegal drug use, prostitution, and driving under the influence of a controlled substance.
How To Check for Felony Warrants
People who want to learn how to check for felony warrants often have different motives. Depending on the reasons and circumstances for the inquiry, there are a couple of methods worth considering. Criminal records that pertain to a specific individual or case are sometimes best obtained in person. In other instances, however, it is more convenient and efficient to search for a felony warrant using the internet.
Accessing Felony Warrant Records In Person
Performing a felony warrant check can typically be accomplished in person by visiting the court clerk, the office that maintains official court records. The courthouse in the jurisdiction where the crime was committed holds the right of disclosure. This provides it with discretion to publicly distribute outstanding felony warrant records. If copies of the paperwork relative to the warrant are also sought, they may have to be purchased.
Accessing Felony Warrant Records From the Internet
Many counties post active warrants on the internet for informational or public safety purposes. It is important to remember, though, that this only verifies that an arrest warrant existed at the specified date and time of the list's publication. The individual named is presumed innocent until proven guilty in a court of law.
If a county does not share any online records of active felony warrants, there is also a growing number of background check websites available. Most of these services, however, require a subscription or charge a user fee for full access.
Do Felony Warrants Ever Expire With a Statute of Limitations?
A statute of limitations is a time limit set on the initiation of legal action. Once this period has lapsed, future litigation is no longer possible. Felony warrants, however, do not expire with a statute of limitations. This is primarily to discourage intentional evasion tactics. The charges have already been filed and sufficient evidence has been presented to pursue a case. Unless it is recalled or quashed, the warrant remains active until an arrest is made.
Recalling a Felony Warrant
There are instances when a felony warrant might get recalled, meaning that the arrest order has been reversed. For example, this becomes a possibility once bail has been posted. However, if the charge involves a violation of felony probation, custody becomes mandatory. In that event, posting bail is not available until after the legal proceedings.
Quashing a Felony Warrant
Quashing is a motion that directly challenges the validity of the felony warrant. Grounds to quash a warrant include:
- Falsified affidavit claims submitted by police, whether knowingly or recklessly
- Incomplete or inaccurate description of the person named in the warrant
- Incomplete or inaccurate depiction of time, municipality, or issuing agency
Acquiring Legal Representation
Someone with an outstanding felony warrant would benefit by hiring a criminal defense attorney. The lawyer will work with the court in an attempt to challenge the warrant. If recalling or quashing is not possible, though, the defense will then negotiate lower bail terms. A few other general reasons to invest in defense counsel are:
- Their extensive legal knowledge and experience allow them to examine every option for the client.
- They accept responsibility for the proper filing and submission of all necessary paperwork.
- They have established working relationships with prosecuting attorneys that may lead to more favorable plea bargains.
- They have access to resources that can ultimately save the client time and money.
Are All Felony Warrants Extraditable?
Extradition is the action taken when one jurisdiction formally requests the transport and return of a fugitive from another jurisdiction for criminal prosecution. In the United States Constitution, the Extradition Clause mandates that states honor such demands made by other states. This means that all felony warrants are extraditable. However, this does not mean that all criminals with felony warrants are extradited. For example, someone sought for a non-violent crime might not be pursued to the extent of extradition the same way that a violent fugitive would be. Public safety, crime severity, and costs are all considerations that states make when dealing with extradition cases.
Several legal prerequisites must be met for a fugitive with an active felony warrant to be extradited from one state to another:
- The requesting state's executive authority, or governor, initiates the demand.
- The governor seeking extradition provides a civil officer with the official copy of the indictment that outlines the felony charges.
- The governor of the state housing the wanted individual authenticates the indictment.
- The state seeking extradition has 30 days to receive the transferred prisoner. Failure to do so may result in a custody release.
Frequently Asked Questions
What is a felony warrant?
An official legal document known as a felony warrant provides the authority for law enforcement personnel to apprehend and confine an individual who is believed to have committed a severe criminal offense. A prosecutor is required to present significant evidence to a judge or magistrate to obtain a felony warrant against the accused.
Is a felony warrant different from an arrest warrant?
When compared to an arrest warrant, a felony warrant necessitates a higher level of substantiation. An arrest warrant is typically issued when members of law enforcement have a legitimate basis to assume that a person may have committed a crime. However, a felony warrant is granted only after a prosecutor has submitted enough evidence to a judge or magistrate to prove that the person has committed a serious criminal act.
Can a felony warrant be issued without a formal charge?
Yes. A felony warrant can be issued without a formal charge. This is known as a “no-charge” felony warrant. This type of warrant is issued when a prosecutor has presented sufficient evidence to a judge or magistrate that a person has committed a felony, but no formal charge has been filed yet.
What happens if a person with a felony warrant is arrested?
Should an individual be apprehended based on a felony warrant, they will be detained and processed into a correctional facility, where they will be held in jail until a court hearing is scheduled. During the legal proceeding, the individual will face an indictment for the felony, and the presiding judge will assess whether or not to offer them temporary release on bail. If granted, the person will be free from confinement until the time of their trial.
What are the consequences of having a felony warrant?
Having a felony warrant can have serious consequences. It varies by region, but a person who has a warrant for a serious crime faces the possibility of being apprehended and held in custody at any given moment. If the individual is found guilty of the felony offense, they could be subject to harsh legal penalties.