How Do I Find Out if I Have A Warrant Out For My Arrest?

October 28, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Here is the link to search for warrants in Collin County.  Here is the link for warrants in Dallas County.  Tarrant County wants you to contact the individual municipality where the warrant originated.  Denton County also makes you contact them for warrant info.

There is a database for warrants nation-wide, but unfortunately it’s not public.  Checking for warrants can be a pain-staking process if you suspect you have a warrant for your arrest but aren’t sure.  The counties which make you call them to inquire doubtlessly do it in an effort to draw folks who have a warrant into their spider-web.  My guess is it backfires because many people are too scared to call.

The vast, vast majority of arrest warrants are for mundane purposes such as traffic tickets or probation revocations (I love my readers, but I don’t do traffic tickets – so please don’t call me for those!).  Most warrants simply sit there unless or until someone gets pulled over or has some other type of benign law enforcement contact which results in them being run for warrants.

Can Warrants Be Hidden on Purpose?

Yes.  Law enforcement can issue warrants and have them be sealed.  They might do it if there is an on-going investigation of a conspiracy they don’t want to spoil – and then they arrest everyone at once.  The FBI, DEA and other federal law enforcement agencies do this frequently.  Another reason could be they want to arrest someone in person for whatever reason.

Pocket Warrants

Police can also get an arrest warrant but not enter into the national or local databases.  We might see these in cases like sexual assault or injury to a child.

They keep it in their “pocket” in an effort to arrest and immediately interview a suspect.  Think of it this way — if they have a murder suspect and they get a warrant from a judge — if they enter it into the national database, they risk having someone from another agency arrest the suspect at 3 a.m.  This could give the suspect several hours to “lawyer up” and not participate in an interview or interrogation.  The pocket warrant allows the officer to pick the exact time, place, and manner of arrest.

What Should I Do if I Have a Warrant for My Arrest?

You have to turn yourself in.  Most people don’t like hearing this.  Warrants don’t go away on their own and it’s very rare to be able to get a warrant thrown out before arrest.  Most judges and prosecutors have policies in place they won’t even deal with you unless the warrant is taken care of first.  And here’s what I tell my clients — if they don’t take care of the warrant on their own terms, then the warrant will be executed against them at the worst possible time.  Maybe while they are on a dream date.

*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization.  He is designated as a Texas Super Lawyer by Thomson Reuters.

 

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Posted by Jeremy Rosenthal, Esq.

Police are Getting Theft Warrants for Shoplifting During the COVID Pandemic

October 6, 2020

By Criminal Defense Attorney Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

There are currently a glut of warrants for theft in Collin County from shoplifting cases.

Why?  Because during the beginning of the pandemic, police did not want to take folks to jail for shoplifting.  Police were under marching orders to keep the jail clear and police were like anyone else who didn’t want to ride with a stranger in a car for 20 minutes if they didn’t have to.

You can check Collin County Warrants here.  The warrant page says all warrants may not be visible to the public.  If a warrant is not visible it’s typically because of some organized crime ring where they round up the entire group at once.  Shoplifting theft cases don’t fit this profile.

Why Are They Getting Warrants Months and Months Later?

People are required to go to jail in most criminal cases – even if it’s just to book in then out.  The reason is simple — if criminal court were voluntary, no one would come.  The law doesn’t allow people to be prosecuted in absentia so that means the courts have to have some way to compel you to come.  They make you come to court by holding the threat of jail over your head.

Because they didn’t take someone to jail in the first place in March, April, or May – they now have to do it in September or October.

 

How are They Doing This?

Police are asking judges to sign arrest warrants based on probable cause affidavits.  All a probable cause affidavit lays out is the “probable cause” for the charge.  The judge then signs the warrant which allows police to arrest a person.  Criminal charges come later in this scenario.

Another way arrest warrants are triggered is where the District Attorney’s office files the actual criminal charges.

Are They Going to Come and Get Me if I Have a Shoplifting Warrant?

Legally they can but they might not.  They may not have the resources to resolve this glut of cases and they may just be satisfied for folks to either turn themselves in or for the warrant to sit dormant until someone gets pulled over at some point in the future.

A person with an active arrest warrant should always do their best to promptly resolve the warrant by turning themselves in, however.  Not only is it required by law but as I tell clients by turning yourself in with a plan to bond – you are in control and can minimize how long you’re in jail.  I tell clients an arrest will happen at the worst and most inconvenient time if they don’t resolve it promptly (like when you’re on a big date or on your way to your kids soccer game).

Most warrants like this already have a bond amount set in advance so you might not even have to wait for a judge.  Also, most shoplifting cases don’t particularly carry bond amounts which are extraordinarily high.  There is a good chance you are in and out of jail regardless of your financial condition.

Does This Make My Case Worse?

No.  The prosecutor will ultimately file charges and the vast majority of shoplifting cases are misdemeanors.  They carry a range of options which allow for expunctions or ways to get your record cleared.  I’ve handled so many theft cases I can’t count them all.  I can safely say how the person was apprehended never makes a difference in the case – unless, of course there was a fight or something like that.

There is an excellent chance of getting theft off your record depending on your personal history and the facts of the case through an expunction or non-disclosure.

*Jeremy Rosenthal is board certified in criminal law by the Texas Board of Legal Specialization.  He is recognized as a Super Lawyer by Thomson Reuters.  Jeremy is a senior partner at Rosenthal, Kalabus & Therrian, PLLC.  www.texasdefensefirm.com.

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