Discovering you have an outstanding warrant can be stressful, to say the least. The first question most people have is, “What do I do now?”
When it comes down it, you really have three options:
- Wait to be arrested,
- Try to resolve the matter quietly, or
- Take the proactive step of turning yourself in.
While turning yourself in is often the best way to regain control of the situation, it’s not a decision to take lightly.
Before you act, there are important factors to consider, such as what to expect during the process, how to minimize time in custody, and how proper preparation can protect your rights.
Understanding the steps ahead will help you make informed choices and ensure the best possible outcome for your case.
What is an arrest warrant?
An arrest warrant is a legal document issued by a judge that authorizes law enforcement to arrest a specific individual.
Arrest warrants are typically issued after probable cause is established that a person has committed a crime. Common reasons for warrants include failing to appear in court, violating probation, or being suspected of an offense.
Arrest warrants don’t expire. If left unaddressed, they can lead to unexpected and embarassing arrests during routine traffic stops, employment background checks, or even travel screenings.
Taking action to resolve a warrant is the first step in regaining control over the situation.
Is it better to turn yourself in?
As we mentioned at the beginning of this guide, your options essentially are to wait to be arrested, resolve the issue quietly, or turn yourself in.
Each approach has its implications.
Waiting to be arrested may seem like the easiest option, but it can lead to unexpected complications. Arrests often happen at inconvenient times — during work, at home, or even in public — causing unnecessary embarrassment and stress.
Similarly, trying to resolve the warrant quietly, such as negotiating with the court on your own, may not be feasible without legal guidance, especially if the warrant has already been entered into law enforcement databases.
Voluntarily surrendering, on the other hand, allows you to take control of the situation. Turning yourself in demonstrates responsibility and may positively influence how judges and prosecutors view your case.
It also gives you the chance to plan ahead, coordinate with an attorney, and minimize potential disruptions to your personal and professional life. By choosing when and how to surrender, you can mitigate the uncertainty and stress associated with being arrested.
What happens after you turn yourself in?
When you turn yourself in, the arrest and booking process begins. Here’s what you can expect:
- Arrest and custody – You will be taken into custody and informed of your rights.
- Booking- During booking, your personal information will be recorded, and you’ll undergo fingerprinting, a mugshot, and possibly a search.
- Initial appearance or bail hearing – You’ll appear before a judge, who will review your case and determine bail if necessary. For low-level offenses, you may be released on your own recognizance (ROR), which means you agree to return to court without posting bail.
The process varies based on the charge and jurisdiction but is generally straightforward if you’ve prepared properly.
What is the best time to turn yourself in?
Timing is crucial when turning yourself in. Arriving at a detention facility or court during weekday business hours gives you the best chance of being processed and appearing before a judge the same day. This minimizes the time you spend in custody.
Avoid turning yourself in late in the day, on weekends, or during holidays, as this can result in delays and potentially keep you in jail longer than necessary.
Consulting with an attorney who knows the nuances of local detention facilities beforehand can help you select the best time and location for your surrender.
What should you do before turning yourself in?
Preparation is key to reducing stress and ensuring a smooth process. Before turning yourself in, take the following steps:
- Consult an attorney – Speak with a criminal defense lawyer to understand your rights, discuss potential outcomes, and receive guidance on the process.
- Coordinate your affairs – Make arrangements for work, family, or personal responsibilities, such as child care or bill payments.
- Bring necessary documents – Carry identification and any relevant paperwork, such as proof of bail arrangements or correspondence from your attorney.
- Check your belongings – Ensure you don’t carry any prohibited items, such as weapons or drugs, which could lead to additional charges.
- Plan for bail – If bail is likely to be required, arrange funds or coordinate with a bail bondsman in advance.
Taking these steps puts you in a stronger position and helps you focus on resolving the warrant quickly.
Get legal help
Turning yourself in for a warrant is a significant step, and having the right legal guidance can make all the difference. An experienced attorney can advocate on your behalf, help reduce your time in custody, and work toward the best possible outcome for your case.
Ventura defense attorney Robert M. Helfend has over 40 years of experience helping clients navigate the legal system and resolve warrants effectively. If you’re facing an active arrest warrant or criminal charges, contact us today for a free consultation and let us help you take control of the situation. Call 805-273-5611 for a free case review.
Published December 21, 2024.