In Weld County, Arrest Warrants can be issued by a judge when the police can show probable cause that a person committed a crime. Warrants for your Arrest can also be issued if a person has failed to appear in court or has not complied with a court order. If you think that an Arrest Warrant has been filed against you or issued in your name, you will need an experienced criminal defense attorney who can help you navigate the Weld County Court system. The defense attorneys at the O’Malley Law Office can help you determine if there is a warrant under your name, the details of the warrant, and discuss how we can help you with your case. Below, our skilled attorneys discuss Arrest Warrants. If you have an open Warrant for your Arrest in Larimer County, get help here.
What is An Arrest Warrant in Greeley, Colorado?
An Arrest Warrant is an Order for the Arrest of someone issued by a judge, after review of an Affidavit for Arrest Warrant has been presented by a police officer. It allows the Greeley Police Department to Arrest a person, once they locate them. In the Arrest Warrant, a person will be named, with a possible description such as their date of birth, and the crime the person was accused of committing. There will also be details of where to present the person arrested so they can face their charges. Most of the time, a judge will determine a bond amount in advance, and that amount will be stated on the warrant. In Domestic Violence cases and more serious felony cases, a judge will not set a bond until the wanted person appears before them in court.
Why are Warrants for an Arrest Issued in Weld County?
In Weld County there are multiple reasons that a Warrant for an Arrest can be issued, the first being that the police have probable cause that the person has committed a crime. Before a judge will sign the warrant, they will review the police Affidavit for Arrest Warrant and determine whether the Affidavit establishes probable cause for the warrant to be issued, stating that the person committed a crime. Other reasons why an Arrest Warrant could be issued include not paying a fine or ticket, not paying child support, not appearing at a required court hearing, failing to report to jury duty, or a violation of probation.
In Windsor, Eaton, and Greeley What are the Differences Between Arrest Warrants, Bench Warrants, and Search Warrants?
There are multiple types of Warrant in Windsor, Eaton, and Greeley and it is easy to confuse them.
- Arrest Warrants are started by police, taken before a judge, and then issued so the police can take the defendant into custody or put their name into the CCIC or NCIC, to be arrested by any police officer coming in contact with them.
- A Bench Warrant is often what is issued when a person fails to appear in court, pay a ticket, or attend jury duty. It is initiated by a judge.
- A Search Warrant is presented by police to a judge for a probable cause signature, and allows for the police to search for evidence in a suspected criminal case. This often is used to gain entrance into private property like a home, car or business,.
In all of these cases, it is important to have an experienced Arrest Warrant criminal defense attorney who can help you navigate the system and possibly quash or vacate a warrant after it is issued.
Can an Arrest Warrant Be Canceled in Weld County?
The simple answer is yes, an Arrest Warrant can be canceled by a judge in Weld County. This can be done in several ways, if a criminal defense attorney can show evidence that there was a mistake made or there was not sufficient probable cause to issue the Arrest Warrant. Imagine for example, that there is an Arrest Warrant issued in John Smith’s name, for not paying his court costs and fines. In actuality, he did pay them and has a receipt as proof. Most court officials would move quickly to remedy this clerical mistake. Generally speaking though, the time to argue the Warrant is in court at a hearing as the case develops. As a result, mistakes are made and it may take time to sort those out. The Warrant for an Arrest is truly a one-sided process. Law enforcement or a District Attorney go to a judge and ask for the warrant. Innocent people might sit for days or weeks in the Weld County Jail if there was a mistake in what an officer presents to a judge, or if the judge does not accurately make the probable cause determination. A warrant can also be quashed or recalled if the defense attorney can file a motion to get that done, get the client back on the court docket and into court before they are arrested, or get a fine paid – if the reason for the warrant to be issued is quickly remedied. One other thing should be remembered: all Arrest Warrants are canceled once the person is taken into custody. Otherwise, they could be rearrested once they bond out of jail – and this has happened many times (which is the reason you should always keep your bond papers with you after you leave the jail).
Every case is different, and each Arrest Warrant will need to be studied by a Weld County skilled criminal defense attorney. In some cases, we can work early with the prosecutor’s office to fix a Warrant for Arrest which was improperly issued. The defense attorneys at the O’Malley Law Office have over 30 years of experience in Arrest Warrants and can fight for you.