At What Point Do I Need a Lawyer for a Warrant in Utah?
When many people hear the word warrant, they automatically think of a warrant for your arrest. However, there are actually three major types of warrants that can be issued against you in the state of Utah: an arrest warrant, a bench warrant, and a search warrant. Each of these types of warrants merits a somewhat different response, but the best thing you can do to help deal with any of them is to contact an experienced Salt Lake City criminal defense lawyer like those at Overson Law, PLLC as quickly as possible. Our lawyers have years of experience successfully working with clients to deal with issues related to each of the three main warrant types. Below, we explain when you should retain us for warrant matters, what the differences are between each of the three warrants, and how we can help you deal with them and bring your matter to the best possible resolution.
When Should I Hire an Attorney for a Utah Warrant?
Whether you are faced with an arrest warrant, a bench warrant, or a search warrant, the answer to this question is the same. You should contact an experienced criminal defense lawyer like those at Overson Law, PLLC as soon as possible after you learn of the warrant being issued. The quicker we understand what is going on, the faster we can work to deal with the matter without subjecting you to further issues or problems.
What Are the Three Major Types of Warrants Issued in Utah?
The most well-known type of warrant is an arrest warrant. While the police can sometimes arrest you on the spot if they have probable cause, such as if they personally witness you commit a crime like theft, usually they will conduct an investigation and apply for a warrant from a judge when they believe they have enough evidence to arrest a suspect. If the judge issues an arrest warrant, the police are likely to come find you right away at your home, place of work, or wherever you may be in order to place you under arrest and take you to the local station for the booking process.
A bench warrant, on the other hand, is a warrant issued by a judge without an application from the police or prosecutors. Most commonly, a bench warrant is issued in response to you failing to show up for a scheduled court appearance, but it can also be issued if you are late on court fines or other payments or if you fail to appear as a witness when subpoenaed, among other things. Once the judge has issued a bench warrant, you can be arrested at any time. However, unlike with arrest warrants, the police will typically not actively seek you out for arrest on a bench warrant.
Finally, a search warrant is another type of warrant that a police officer or prosecutor applies for with the judge. In this case, they are seeking to search some type of private property, such as your car, your home, or your business. The judge will review the application and determine if there is probable cause to believe there may be evidence of a crime being committed on or in the property. If they determine that there is, they will issue a search warrant allowing the police to conduct a search of the property even without your consent.
How Can A Defense Attorney Help Me Deal with Arrest, Bench, and Search Warrants?
If we know of an arrest warrant in advance, which is usually not the case, our skilled defense attorneys at Overson Law, PLLC can work to negotiate your surrender without you being arrested publicly. Otherwise, we will focus first on getting you out of jail. This is determined at a bail hearing that usually occurs within 72 hours of your arrest, where the judge will decide if you can be released on bail or if you must remain in jail until your case is resolved. Our experienced Utah bail hearing attorneys know how to make the best arguments for you to be released on little to no bail, based on such factors as your ties to the community and the nature and severity of the underlying offense.
After this, we can try to work out a deal with the prosecutor to get your charges downgraded or dismissed. Deals could include a plea in abeyance, your charges being downgraded to something less serious, or the prosecutor recommending a lenient sentence. We are always ready to take your case to trial if you do not wish to take a deal.
For a bench warrant, people are most commonly picked up on them after being stopped for a traffic matter years down the line, where the officer will usually run a warrant search. The best thing you can do is to get ahead of them by hiring one of our skilled Salt Lake City bench warrant defense lawyers to try to negotiate a situation when you can surrender and appear before the judge without being arrested. Then, we can work to get the warrant quashed without further consequences for you.
For search warrants, we can inspect the warrant and make sure it was issued properly and that the officers do not exceed the scope of the warrant when conducting the search. For example, if the warrant allows the officers to search for a car, they cannot look in a hatbox. If there are issues with the warrant, our skilled Salt Lake City illegal search and seizure lawyers can file a motion to exclude any evidence obtained as a result of the search form being used against you at trial.
Call Our Skilled Utah Warrant Attorneys Today
Whether you are dealing with a search warrant, bench warrant, or arrest warrant, the quicker you reach out to a skilled criminal defense attorney like those at Overson Law, PLLC, the better chance we have of bringing your matter to a successful resolution. We will get to work right away on assessing the details of your situation and working to keep you from facing the most serious potential penalties. For a free consultation, call us at (801) 758-2287 today.