what does warrant returned mean?
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what does warrant returned mean?
The Legal, Inc., pros at USLegal put the definition of “return of warrant” into the most succinct and
straightforward wording possible: “Return of warrant means a return of a warrant for the arrest of a person.” But you probably guessed that already, didn’t you?
Typically, the warrant is returned by the officer to whom it was given for service. Upon the return of
the warrant, it’s the officer’s responsibility to fully illustrate that the arrest was made within the applicable scope of legal boundaries.
Return of Warrant Law and Legal Definition
How to Recall a Warrant?
The first thing you should do if you wish to have a warrant recalled is contact an experienced criminal defense attorney. Inform your attorney why a warrant has been placed on you and provide your lawyer with any documents or background information that further explains the reasons why a warrant was issued for your arrest.
Next, your criminal lawyer will request the court to recall the warrant. In misdemeanor cases, your lawyer will often be able to appear in court on your behalf, meaning you will not be required to show up in court and you will not have to miss time from work. However, if the warrant against you involves a felony offense, you may have to appear in court with your lawyer.
In most cases, your attorney may be able to have your warrant recalled as long you are able to complete the actions you failed to perform that resulted in the warrant being issued.
These actions could include:
- Paying any fines or fees
- Showing proof that you engaged in or completed court ordered programs or counseling
- Making any required court appearances
- Meeting with your probation officer as required by your probation order
- Making restitution as ordered by the court
If your warrant involves a felony crime, you may be required to post bail in order to have the warrant recalled. In some felony cases, you will have to be taken into custody if you are facing a felony probation violation. If this is the case, you may not be able to post bail until such time as you appear at a probation violation hearing. You will need an experienced criminal defense lawyer to represent you at the probation violation hearing.
An experienced criminal defense lawyer may also be able to help you save money on bail by arguing to the court that your bail should be reduced or connect you to a bail bondsman who will give you reduced fees (through attorney-referred bail bonds).
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
If a warrant is out for your arrest, you could be arrested in front of coworkers or family and friends. When you know you have a warrant out for your arrest, you are constantly having to live in fear of being arrested. This is why you need to take steps to have your warrant recalled so you can move on with your life.
Warrant Types
refers to a specific type of authorization: a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.
Warrant for Arrest – An arrest warrant is issued by a judge or magistrate and must be supported by a signed and sworn affidavit showing probable cause that a specific crime has been committed, and that the person(s) named in the warrant committed said crime. An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.
The Return of Warrant Process
The term “return of warrant” may apply to a few different legal situations. Oftentimes, the warrant is executed by the issuing officer, and the defendant is arrested. In this case, the officer who filed the warrant returns to the court when the accused is brought to trial and gives notice to the prosecuting attorney.
Likewise, if a convict is pardoned or the convict’s punishment is commuted, the officer may return the warrant. Upon filing the returned warrant in the clerk’s office of the court in question, the clerk adds a description of the conviction and sentence to the file. If a complaint against the warrant is received, the issuer may return the warrant unexecuted.
In any of these cases, the returned warrant is kept as a publicly accessible record, just like all court records that aren’t sealed due to a legally compelling need for confidentiality.
Search Warrant Basics
Many law enforcement agencies regularly apply for and are granted search warrants – Massachusetts State Police, Boston Police Department,
Drug Enforcement Administration, Quincy Police, Dedham Police, Stoughton Police, Brockton Police to name only a few. All search warrants are governed by G.L. 276 § 1, § 2, and § 3. Under those laws, there are only certain things that can be the subject of a search warrant (all of which are enunciated in §1) Those things are: (1) stolen items or items obtained in commission of a crime; (2) items intended for the use in a crime, or have been used in a crime,
instrumentalities of a crime, or of the concealment of a crime; (3) items that are illegal to possess (drugs, guns, etc.) or are possessed for an unlawful purpose; (4) dead bodies; or (5) a live body which is the subject of an arrest warrant.
Arrest Warrants
Another type of warrant is an arrest warrant, where the police actually obtain a formal document
requesting the arrest of a person. An example of this sort of warrant is when the District Attorney presents an investigation directly to a Grand Jury and the Grand Jury votes to indict people who have
not been arrested yet. Once the indictment is voted, the Court can issue a warrant for the arrest of anyone indicted.
If you find out that there is an arrest warrant for you, it is vitally important that you retain a lawyer to represent you. A criminal defense lawyer will be able to make it difficult,
for the police legally to obtain statements from you. It is in the arrest to arraignment phase of the
criminal justice process when a person is most exposed and most likely to say and do things that will damage his or her situation. Even if you know that you are completely innocent,
it is usually vitally important that you not make statements or provide information to the police without the advice of a criminal defense lawyer.
Once you have retained a lawyer, the lawyer will contact the police and make arrangements to surrender you.
In most situations, however, people are not aware that an arrest warrant exists for them until the police are in the process of arresting them. Occasionally, people become aware of the police interest in their whereabouts.
Challenges to Arrest Warrants
·Invalid Arrest Warrant: a criminal case WILL NOT be dismissed on the basis of an invalid arrest warrant.
·Unlawful Service of an Arrest Warrant:
A defendant could move to suppress any evidence obtained against him as a Fourth Amendment violation People v. McKay (2002) 27 C4th 601. However, the underlying criminal case will not be dismissed solely because of an unlawful arrest.
An example of unlawful service of an arrest warrant would be if a misdemeanor arrest warrant was
executed at 11:00 pm without nighttime service authorization or a public place exception.
Return of Items
The final piece to be examined is the “Return” of items seized. The warrant must be “returned” to the
court as soon as it has been served – but no later than 7 days after being issued. Once the warrant is issued, the officers are directed to make an “immediate” search. This is obviously because the warrant assumes a connection that the items are presently at the place to be searched. Courts will not allow for a warrant to be issued and then police to wait intentionally. (e.g. for the target of the warrant to “load up”).
Then the warrant must be returned no later than 7 days from the issuance. This time does not include the day the warrant was issued but does include weekends and holidays. A warrant executed more than 7 days after the issuance is per se invalid. A warrant executed within a reasonable time, but not
returned within the 7 days is not necessarily invalid so we must further review the reasons and effects on our client.
Again, search warrant cases are very fact-specific and there are thousands upon thousands of state
and federal cases and statutes that we look to in order to argue about the validity of the warrants in our cases.
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