A warrant gets “cleared” when the individual resolves it with the court. It’s best to be represented by an experienced attorney when addressing the warrant and appearing before the judge, as that is the most likely way you can avoid significant jail time or other consequences of a warrant.
Our lawyers can clear a warrant so it is no longer active is by filing a motion to recall it, appearing on your behalf in court, and even arranging your voluntary surrender to law enforcement. We help address arrest warrants, bench warrants, and warrants issued by the Board of Pardons and Parole in Utah for parole violations, and work hard to mitigate the negative effects for defendants.
Call Overson & Bugden at (801) 758-2287 for a free and confidential case assessment with our Salt Lake City criminal defense attorneys.
How Can a Lawyer Clear a Warrant?
There are several ways our lawyers can address warrants in Utah, and we will determine the best method for your specific case. We can help you address the underlying issue that led to the warrant in the first place, such as criminal charges or failure to pay fines and fees.
Filing a Motion to Recall
One way our Utah criminal defense attorneys can clear a warrant is by filing a motion to recall the warrant, or “quash” it, based on new evidence that questions its validity.
Appearing on Your Behalf
Our lawyers may be able to appear in court on your behalf to clear a warrant and resolve the matter with the judge for minor misdemeanor offenses. For more serious offenses, such as felonies, the defendant’s presence is typically mandatory.
Arranging Voluntary Surrender
We can also arrange your voluntary surrender to law enforcement so an arrest warrant is not executed at your home or place of work, but on your terms.
What Warrants Can My Lawyer Clear in Utah?
Our lawyers can help individuals clear arrest warrants and bench warrants in Utah.
Arrest Warrant
Arrest warrants are issued when law enforcement has probable cause to believe an individual committed a crime, and a judge agrees.
To clear an arrest warrant, an individual typically must appear in court and resolve the underlying issue. Don’t turn yourself in without our lawyers’ help, as we can represent you during the hearing and possibly get the warrant recalled.
When clearing an arrest warrant for a misdemeanor or first-time offense, defendants may avoid jail time by paying fines.
Bench Warrant
Judges issue bench warrants for defendants who fail to appear in court or refuse to comply with court orders. A bench warrant authorizes law enforcement to arrest a defendant and bring them into custody.
Suppose the judge in your criminal case issues a bench warrant. In that case, our attorneys can help you clear it by appearing alongside you in court as soon as possible. We can explain why you were not present or why you unintentionally violated your bail to convince the judge not to revoke bail for the remainder of your trial.
Board Pardons and Parole Warrant
Parole agents report alleged violations to the Board of Pardons and Parole in Utah, which then decides whether or not to issue a “Board” warrant. Violating any parole conditions can land individuals back in prison to serve the remainder of their sentence, so having an attorney help clear this type of warrant is especially crucial.
Why Do You Need a Lawyer to Clear a Warrant?
When a warrant has been “cleared,” it has been addressed or canceled and is no longer in the system. At this point, there is no longer an active warrant for an individual’s arrest, and they don’t have to worry about future run-ins with law enforcement regarding this matter. Clearing a warrant without facing too many consequences can be challenging, and our lawyers can minimize the penalties you experience.
Handle Court Appearances
Appearing in court to clear a warrant without a lawyer puts you at risk of unintentionally incriminating yourself or jeopardizing your defense. We can give the judge the context they need to explain why you were not present at a prior court appearance that led to the issuance of a bench warrant.
Protect You Against Self-Incrimination
Suppose you must surrender to clear an arrest warrant. In that case, our lawyers can also be present, reminding you to exercise your right to remain silent and to ask for our assistance right away. Law enforcement must read you your Miranda rights when subjecting you to a custodial interrogation, even if you surrender yourself to the police to comply with a warrant. Refuse to engage in any interviews with law enforcement, especially without our lawyers present.
FAQs About Clearing Warrants in Utah
How Can You Confirm an Active Warrant?
To confirm there is an active warrant for your arrest in Utah, our lawyers can contact the local court clerk or police department. We can also clarify why the warrant was issued, so we can prepare in case you are officially charged with any offenses.
How Soon Should You Clear a Warrant?
If you learn of a bench or arrest warrant for you in Utah, prioritize clearing it by addressing it with the court. Don’t make any rash decisions and voluntarily surrender before consulting with our attorneys, however, as that may negatively affect your future case and defense.
What if You Don’t Clear a Warrant?
If you don’t clear a warrant, the police can arrest you at any time in Utah. Not clearing a bench warrant can also complicate bail matters, convincing the judge to set a high bail or revoke it entirely.
Can Warrants Expire Before You Clear Them?
Bench and arrest warrants don’t expire and are only cleared when the individual appears before a judge or the judge cancels the warrant.
Can a Lawyer “Clear” a Search Warrant in Utah?
You cannot stop a search warrant from being carried out once a judge has signed off on it. “Clearing” a warrant does not apply to search warrants in Utah. However, our lawyers may successfully suppress evidence if the warrant was executed improperly.
Call Us for a Free Case Review in Utah Today
Call (801) 758-2287 for help with your case from the Park City criminal defense attorneys of Overson & Bugden.
