Can my federal criminal lawyer help get an arrest warrant lifted?

Can a Federal Criminal Lawyer Help Get an Arrest Warrant Lifted?

Getting arrested can be a scary and overwhelming experience. Even if you haven’t been convicted of a crime, having an open arrest warrant can seriously disrupt your life.

Fortunately, in many cases, an experienced federal criminal defense lawyer can help get an outstanding arrest warrant lifted or recalled. Here’s what you need to know about arrest warrants and how a lawyer can help.

What is an Arrest Warrant?

An arrest warrant is a court order authorizing police to arrest someone and bring them into custody. Warrants are issued when prosecutors convince a judge that there is probable cause to believe the person committed a crime.

There are a few common situations where federal arrest warrants are issued:

• After a grand jury indictment
• When a criminal complaint is filed by prosecutors
• If a defendant misses a court appearance
• When someone violates probation or supervised release

In many federal cases, a summons is issued instead of an arrest warrant. But for more serious crimes or if the defendant is considered a flight risk, a warrant for arrest may be approved.

Can a Lawyer Get a Federal Arrest Warrant Lifted?

Yes, an experienced federal criminal defense attorney can often convince the court to recall or lift an outstanding federal arrest warrant. But it takes the right legal strategy.

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Let’s look at the most common situations where lawyers are successful in getting warrants revoked:

Surrendering Voluntarily

If a defendant is aware of an outstanding warrant, the best course of action is usually to voluntarily surrender to the authorities. Hiring a lawyer to arrange an orderly surrender shows good faith. In many cases, this can convince the judge to vacate the warrant.

Showing Up After a Missed Court Appearance

Arrest warrants are often issued if a defendant misses a scheduled court date. But in many cases, the warrant can be recalled if the lawyer promptly explains why the court date was missed and arranges for the defendant to appear before the judge.

Negotiating Surrender Terms

Experienced federal defense attorneys often negotiate the terms of surrendering with prosecutors beforehand. This can make the process smoother and increase the chances of getting the warrant lifted.

Correcting Mistaken Identity

Sometimes arrest warrants are issued for the wrong person – it may be a case of mistaken identity. A lawyer can provide evidence to prove the defendant is not actually the wanted person.

Demonstrating Rehabilitation

If a warrant was issued for violating probation or supervised release, a lawyer may be able to convince the court to lift it by showing proof the defendant is now rehabilitated.

Why Get a Lawyer to Help with an Arrest Warrant?

There are several key benefits to hiring an experienced criminal defense lawyer if you have an outstanding federal arrest warrant:

• Increases the chances of getting the warrant recalled without arrest
• Lawyer can negotiate best possible terms for surrender
• Avoids surprises and ensures orderly surrender process
• Proper legal advice for the situation
• Expedites the process and reduces time in custody

Unlike representing yourself, a lawyer can properly prepare motions, negotiate with prosecutors, and present legal arguments to the judge – which are key to getting a warrant lifted.

What Can a Federal Criminal Lawyer Do?

If you have an outstanding federal arrest warrant, here are some of the specific steps an experienced lawyer can take on your behalf:

• Review the arrest warrant and charges to identify any defenses
• Contact prosecutors and negotiate terms of surrender
• Draft a motion to recall the warrant and present legal arguments
• Gather evidence related to any mistaken identity claims
• Obtain proof of rehabilitation or compliance with court orders
• Explain reasons for any missed court appearance
• Schedule a prompt court hearing to get the warrant lifted

Having an advocate who knows how to navigate the federal criminal justice system can make all the difference.

What Factors Do Judges Consider?

When a defense lawyer files a motion to recall an arrest warrant, there are several factors the judge will consider:

• The severity of the original charges
• If the defendant poses a public safety risk
• The reason the warrant was issued
• Whether the defendant has shown good faith
• If less restrictive alternatives are available

Experienced lawyers understand how to present these factors in the best light to convince a judge to lift the warrant.

When Might a Judge Not Lift a Warrant?

There are some situations where it may be very difficult to get an arrest warrant recalled, such as:

• Serious violent felonies
• When the defendant is a flight risk
• Multiple previous failures to appear in court
• Insufficient evidence to correct mistaken identity
• No proof of rehabilitation for probation violation

However, an experienced lawyer can still advocate for you and potentially negotiate alternatives such as supervised release.

What If You Don’t Get the Warrant Lifted?

If the judge decides not to lift the warrant, the lawyer can advise you on next steps. You may decide to voluntarily surrender if you haven’t already. The lawyer can also discuss legal strategies for challenging the charges or seeking release on bond.

Having an attorney ensures you understand your rights through the arrest and charging process. The lawyer can begin building your defense strategy straight away.

Act Quickly to Get Legal Help

Don’t wait to consult with a federal criminal defense lawyer if you have an outstanding arrest warrant. The sooner you hire legal counsel, the better the chances they can get the warrant recalled so you can avoid arrest.

An experienced attorney will carefully assess your case and determine the best legal approach. They have the skills to advocate for you and deal effectively with prosecutors – which is critical for getting a federal arrest warrant lifted.

With the help of a lawyer, an arrest warrant doesn’t have to disrupt your life. Get in touch with a federal criminal defense attorney for assistance right away.

References

Here are some references used as sources for this article:

• Arrest Warrant – Justice 101
• Recall of Arrest Warrant
• Warrants for Arrest
• How to Remove a Warrant in California?