Do You Have an Arrest Warrant in Arizona?

Reasons You May Have a Warrant

Several scenarios can lead to the issuance of a warrant in your name.  Here are the common reasons why you may have a warrant issued against you:

1. Failure to Appear in Court: If you miss a court date for a traffic violation, criminal case, or any legal proceeding where your presence is required, the judge may issue a bench warrant for your arrest.
2. Unpaid Fines or Court Fees: Not paying court-ordered fines or fees can lead to the issuance of a warrant. This is often seen in cases of unpaid traffic tickets or court-imposed financial penalties.
3. Violation of Probation or Parole: If you are on probation or parole and fail to comply with the terms set by the court, such as missing a meeting with your probation officer or failing a drug test, a warrant could be issued for your arrest.
4. Charged with a Crime: If there’s probable cause to believe you’ve committed a crime, law enforcement may request an arrest warrant from a judge. This allows them to arrest you and bring you before the court.
5. Failure to Pay Child Support: In cases where court-ordered child support is not paid, a warrant can be issued for the non-paying parent’s arrest, categorizing it as contempt of court.

Understanding the specific reason behind a warrant is the first step in resolving any legal issues you may face. 

Types of Warrants in Arizona 

In Arizona, warrants serve as judicial orders that command the actions of law enforcement regarding an individual’s arrest, search, or seizure. Understanding the specific types of warrants can help individuals recognize their situation and the legal implications. Below, we delve into the five distinct types of warrants that are commonly issued in Arizona.

Arrest Warrants

          ➣Definition: An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to arrest an individual suspected of a crime.

         ➣Basis: They are typically issued based on probable cause supported by an affidavit or police report.

        ➣Procedure: Once issued, the police can arrest the person named in the warrant at any time or place.

        ➣Arizona Revised Statute: Arrest warrants in Arizona are governed by ARS 13-4405.01, which outlines the process for their issuance and execution.

Bench Warrants

        ➣Definition: A bench warrant is issued directly by a judge when an individual fails to appear in court as required, disobeys a court order, or does not comply with court procedures.

        ➣Basis: Unlike arrest warrants, bench warrants are not primarily issued for criminal offenses but for contempt of court.

        ➣Procedure: This warrant allows for the immediate arrest of the individual to bring them before the court.

        ➣Arizona Revised Statute: Bench warrants follow under ARS 13-2506 , focusing on failure to appear in court after a summons or release on one’s own recognizance.

Search Warrants

        ➣Definition: A search warrant is a legal document authorizing police to search a particular location and seize specific items.

        ➣Basis: Issued based on probable cause that evidence of a crime can be found in the place to be searched.

        ➣Procedure: The warrant specifies the location to be searched and the items to be seized.

        ➣Arizona Revised Statute: Search warrants in Arizona are outlined under ARS 13-3911 to ARS 13-3922, detailing the conditions and procedures for their issuance and execution.

Seizure Warrants

        ➣Definition: Seizure warrants allow law enforcement to take possession of property or assets that are believed to be associated with criminal activity.

        ➣Basis: These are generally used in cases involving illegal possessions or transactions, such as drug seizures or asset forfeiture.

        ➣Procedure: The warrant specifies the property to be seized and may be executed similarly to search warrants.

        ➣Arizona Revised Statute: While seizure procedures can be outlined under various statutes, they are generally associated with specific criminal activities and their corresponding legal frameworks.

Fugitive Warrants

         ➣Definition: Also known as extradition warrants, these are issued for individuals who have fled a state to avoid criminal charges or sentences.    

         ➣Basis: Fugitive warrants request the detention of an individual until they can be returned to the state where they face charges.

          ➣Procedure: These warrants are typically processed through interstate cooperation and the extradition process.

          ➣Arizona Revised Statute: Governed by ARS 13-3842 to ARS 13-3857, these statutes cover the uniform criminal extradition act, detailing the arrest and surrender of fugitives both to and from Arizona.

Ways to Check If You Have a Warrant Out for Your Arrest

Discovering whether there is a warrant out for your arrest is an important step in addressing any legal issues you may be facing. There are several methods to ascertain if a warrant has been issued against you in Arizona. It’s important to approach this matter cautiously and consider consulting with a legal professional to understand your options and rights.

Here are the most common ways to check for an active arrest warrant:

①Check with Local or State Law Enforcement

• Process: You can directly contact the police department or sheriff’s office in the county where you believe the warrant might have been issued. It’s advisable to do this through an attorney to prevent immediate arrest.
• Limitations: While this method can provide definitive answers, approaching law enforcement directly can lead to your arrest if there is an active warrant.

②Online Public Records Search

• Process: Many counties in Arizona have online portals where the public can search for outstanding warrants. These databases can be accessed through the official websites of the county court or law enforcement agencies.
• Limitations: Not all warrants may be listed online, especially if they were issued recently. Additionally, some jurisdictions may not have this information readily available online.

③Court Clerk’s Office

• Process: Visiting or contacting the clerk’s office of the court where the warrant might have been issued can provide information regarding outstanding warrants. This can often be done over the phone or in person, but, as with law enforcement, it’s safer when handled through an attorney.
• Limitations: If there is an active warrant, there is a risk of arrest when inquiring in person. Information may also vary based on the court’s policies on public records.

④Consult with a Criminal Defense Attorney

• Process: An attorney can conduct a warrant search on your behalf, reducing the risk of arrest. They have access to various resources and can provide legal advice based on the findings.
• Benefits: Consulting with an attorney ensures that you can prepare for the next steps if there is a warrant, and they can assist in managing the situation discreetly and professionally.

⑤Third-Party Websites

• Process: There are third-party websites that offer warrant checks, usually for a fee. These sites can aggregate data from public records across different jurisdictions.
• Limitations: The accuracy of the information from these sites can vary, and they might not have the most up-to-date data. Relying solely on these services is not recommended without additional verification.

Remember, finding out you have a warrant does not necessarily lead to immediate despair. It’s the first step in resolving the issue. If a warrant is discovered, it is advisable to address it promptly with the assistance of legal counsel to avoid additional complications such as increased bail amounts or additional charges. 

What Should You Do If You Have an Active Warrant? 

Discovering you have an active warrant can be a stressful and intimidating experience. The steps you take after finding out about an active warrant can significantly affect the legal outcomes and your personal well-being. Here’s what you should do if you find yourself in this position:

1. Consult a Criminal Defense Attorney: Secure legal representation immediately to understand your situation and get professional advice.
2. Do Not Evade Arrest: Avoiding law enforcement can lead to further charges; face the situation responsibly.
3. Prepare for Surrender: If necessary, arrange your personal and professional affairs in preparation for turning yourself in. Inform family members and consider prearranging bail.
4. Know Your Rights: Remember your right to remain silent and your right to an attorney. Do not discuss your case with anyone other than your lawyer.
5. Address the Underlying Issue: Work with your attorney to resolve the cause of the warrant, whether it’s a missed court appearance, unpaid fines, or other matters

Facing an active warrant is undoubtedly challenging, but taking proactive and informed steps can help you navigate the situation more effectively. With the guidance of a skilled attorney and a clear understanding of your rights and responsibilities, you can work towards resolving the warrant and moving forward with your life.

What are the Implications of an Outstanding Warrant

Having an outstanding warrant poses a constant threat of arrest, which can occur at inconvenient times and places, leading to public embarrassment or professional repercussions.

Professionally, an outstanding warrant can jeopardize job opportunities, as it may show up in background checks, leading to potential employment rejection or termination. This situation can also restrict your ability to travel freely, particularly if airport security identifies the warrant, and can lead to driver’s license suspension in cases related to traffic offenses.

Financially, certain warrants, like those for unpaid child support, can harm your credit rating, complicating your ability to secure loans or other financial services. On a personal level, the stress and uncertainty of a pending warrant can strain relationships and overall mental health.

Lastly, unresolved warrants can impact professional licensing, affecting careers in sectors that demand a clean legal record. Addressing a warrant swiftly, with the assistance of a criminal defense attorney, is crucial to avoid these far-reaching implications and restore stability to your life.

Frequently Asked Questions about Arrest Warrants in Arizona

❶  How can I check for warrants in Arizona for free?
You can conduct a warrant search through the Arizona Judicial Branch’s website or use online public records search tools. Some county websites, like Maricopa County, offer records search services. It’s also possible to contact the local law enforcement or the criminal court administration information desk directly for information.

❷What is the difference between a bench warrant and an arrest warrant?
A bench warrant is typically issued when an individual fails to appear in court as required, while an arrest warrant is issued when there is probable cause to believe someone has committed a crime. Both require law enforcement to bring the individual to court.

❸What should I do if I have an outstanding arrest warrant in Arizona?
If you have an outstanding arrest warrant, it’s crucial to consult with a criminal defense attorney immediately. Do not attempt to evade arrest. An attorney can advise on the best course of action and may help arrange for a voluntary surrender under more controlled conditions.

❹What are the types of warrants in Arizona?
In Arizona, there are several types of warrants including arrest warrants, bench warrants, search warrants, and fugitive warrants. Each serves different legal purposes, from compelling appearance in court to allowing law enforcement to search and seize property.

❺Can the Arizona Department of Public Safety help me with warrant information?
Yes, the Arizona Department of Public Safety can provide information regarding outstanding warrants. However, for detailed and specific information, it’s best to check with the local law enforcement agency or the court that issued the warrant.

❻What does it mean to have probable cause for issuing a warrant?
Probable cause refers to the reasonable belief, based on facts and evidence, that someone has committed a crime. For a warrant to be issued in Arizona, a judge must determine there is probable cause to believe that a criminal act has occurred.

❼How can I resolve an active bench warrant in Arizona?
To resolve an active bench warrant, you should contact a defense attorney to discuss your options. Typically, resolving a bench warrant involves appearing in court on the specified date and addressing the reason the warrant was issued, such as unpaid fines or failure to appear in court.

❽Is it possible to conduct a warrant search with just a date of birth?
Yes, in many cases, you can conduct a warrant search using a person’s date of birth along with their full name. Online public records search platforms and some Arizona judicial websites allow searches by name and date of birth.

❾What happens if there is an outstanding warrant for your arrest in another state?
An outstanding warrant from another state can still lead to your arrest in Arizona. This is known as a fugitive warrant. Law enforcement agencies can detain you and potentially extradite you back to the state where the warrant was issued.

❿Can local law enforcement execute a search warrant without notifying me?
Yes, law enforcement can execute a search warrant without prior notification if they have obtained a warrant from a court that provides them with the authority to search a specified location for evidence of a crime.

For any issues related to warrants in Arizona, consulting with a qualified criminal defense lawyer from a reputable law firm is strongly advised to navigate the complexities of the law and protect your rights.