If You Know You Have a Warrant Do.you Have to Turn Yours3lf.in
By H. Michael Steinberg Colorado Criminal Defence force Lawyer
You've Simply Learned Nigh a Warrant Issued for Your Arrest – What Are Your Options?
The call may come from the officer investigating your case, or it may exist a letter from the court informing you that at that place is a warrant issued for your arrest and you are ordered to turn yourself in.
What are your options?
If you are aware of the incident that is the reason you believe you are being charged with the commission of certain crimes only you are shocked, based on your understanding of the incident, that the police force or the district attorney would ever file charges, you must all the same face the reality of the warrant. You lot know that you are innocent, just that does non change your options in regards to the existence of the arrest warrant.
While it is possible that the arrest warrant was issued as a outcome of a mistaken identity, (although that is an exceedingly rare result), the bottom line is this: if there is an abort warrant for you lot, properly issued by a approximate, even if you are innocent, you must accost or "accept care of " the warrant.
Stated differently, if you lot are wanted and an abort warrant has, in fact, been issued, you must surrender, regardless of guilt. An arrest warrant is sometimes viewed by the public as proof that someone is probably guilty.
This is but not true.
Arrest warrants are allegations made by law enforcement that are frequently ane-sided and amount to the minimum standard of proof, likely cause, and not the much higher brunt of proof at trial of beyond a reasonable dubiety. Residue assured that yous are presumed innocent until proven guilty in a court of police, and the charges against you must exist proven beyond a reasonable doubt.
When a Colorado estimate bug an abort warrant, information technology ways that law enforcement is authorized – in fact, instructed – to arrest an private who is but suspected of committing a crime, there need only exist some prove that supports the defendant's involvement in a offense that was committed.
After surrendering on the warrant, and once out on bond, you lot volition have your opportunity to vigorously defend the charges – you will have your day in court.
Acting With Wisdom Now Volition Conduct Fruit Later
How y'all react to learning almost an arrest warrant tin can either brand a bad situation worse, or conversely, assist to place you in the best possible position to defend yourself later in your case.
This article addresses some of the issues yous must address if you find yourself in this predicament.
Having a warrant issued for your abort can be an incredibly disruptive and exceptionally frightening situation. Many people, due to a lack of knowledge of how the procedure works, let their emotions overwhelm them, causing them to take ill-advised actions in response to discovering the warrant.
Lawyers understand that being falsely accused of a crime that one did not commit is one affair, but the fear, humiliation, and the terror of going through the criminal system's arrest procedure is very real and must be well understood and addressed clearly and substantively.
There is no equal to the kind of powerlessness and fear generated by the criminal justice system, especially because it is strange to most people. Nigh view the criminal justice organisation as broken, and therefore a threat to them. The court organization has the ability to reach into people'south lives and remove them from society with very picayune in the way of evidence. That kind of powerlessness compels many to refuse to "go down without a fight."
This idea sometimes takes hold in the infancy of a criminal case – at the stage an arrest warrant is issued. Unfortunately, this is a very unwise approach. The feeling of "taking control" which underlies the sentiment of, "grab me if you lot can" is a brusque term gambit and will actually end upward hurting your case in the long term.
While being the bailiwick of a police force investigation is a terrifying moment and often leads to substantial stress and even panic, it is now that you will need to make the best decisions with your lawyer.
Knowledge is Power – Start – Make Sure there Actually IS an Arrest Warrant
If you have directly information that a warrant has issued, either from an investigating officer or you are in receipt of a alphabetic character proverb equally much, the first thing to do is to learn as much about the charges every bit possible. Discovering the charges, the courtroom issuing the warrant, and the corporeality of bond, if any has been set, are the immediate tasks at paw.
1 mode to learn more about an existing warrant is to contact a reputable bond bondsman – or do an online search using commercial site, such equally world wide web.cocourts.com or the sites for the diverse counties.
There is no consistency in researching the being of the warrant – every canton is different – merely that outcome is not the bailiwick of this commodity. There are several sites that provide updated warrant records for each county in Colorado – you may need to do some digging to find the right website for your canton.
Why was the Arrest Warrant Issued? How Does that Happen?
An abort warrant is essentially a legal "writ" or "court guild." It means a Colorado approximate has reviewed a sworn affidavit or other source of sworn information from a legitimate source such as a law or probation officer and, based on the information provided, the judge, finding "probable crusade" has issued an order – an arrest "warrant," which instructs law enforcement to arrest a suspect and have them into custody.
And so, Exactly is Probable Cause?
"Likely cause" to arrest someone exists when the facts and circumstances inside the police officer's cognition would lead the officer to reasonably believe that someone has committed a crime.
Nether Colorado law , "probable cause" is more than than a hunch or mere suspicion, but does not require proof across a reasonable doubt that a person has committed a law-breaking. An arrest warrant issued is almost always based on a one-sided view of the evidence, in the form of an affirmation, and information technology commonly does not contain Whatever of the possible defenses among the factual allegations contained in the warrant.
Tin a Colorado Arrest Warrant Rely Solely Upon the Allegations of Ane Person Without Any Other Substantive Information?
This may come up as a shock to the CSI Generation, but the reply is a resounding "yeah." A person can be, and oft is, arrested solely upon the allegations of i party without a requirement of any other kinds of "corroborating" evidence such as, for example, in an set on instance, photographs of injuries or other eyewitnesses.
Probable cause is a very depression threshold for the issuance of an arrest warrant and only a verbal allegation that another has been victimized by a suspect, without anything else, is enough for a warrant to issue.
This situation is most common in Colorado domestic violence crimes or other "he said/she said" criminal allegations. When a police officer drafts an affirmation, there is no ane there to make sure he or she includes ALL of the relevant facts – exculpatory (pointing to innocence) or inculpatory (pointing to guilt). An affirmation in support of a request for an arrest warrant may be authentic and reasonable or information technology can be exceedingly one-sided and exaggerated.
The Amount of Bail Bail Set On the Warrant
At the time a Colorado judge approves and signs the abort warrant, the estimate, in many instances, will fix a bail bond amount. The judge usually confers with the agency requesting the warrant as to whether to ready a bond and the amount of that bond. There are times, in certain kinds of cases, that the estimate will issue a "no bail" warrant, leaving bail to exist ready at the starting time courtroom advisement or "bail hearing" following the arrest.
When the judge issues a "no bail" arrest warrant, the need to retain an experienced criminal defence lawyer to set up the give up becomes imperative. An experienced chaser will piece of work with the prosecutor, and later the estimate, to help finalize a reasonable monetary corporeality for the specific charges, every bit well as conditions for that bond.
The Issuance of a Colorado Arrest Warrant can Sometimes be Delayed for a Variety of Reasons – "Waiting for the Warrant"
Abort warrants may or may not issue following a police investigation. While this article assumes the warrant has issued, there are cases – particularly circuitous felony cases – where in that location is a delay (sometimes lengthy) before the warrant is issued.
"Waiting for the warrant" or living with the knowledge of an impending arrest warrant, and non knowing if or when it will exist issued, is incredibly stressful. In those complex cases, it may make sense to retain a lawyer for "pre-filing investigation" representation.
At this phase, retained counsel can brainstorm doing their due diligence and post-obit up with the assigned district attorney to the case. This is helpful considering counsel will know early on when the district chaser files charges and an arrest warrant is issued – or, conversely, when a DA declines to file charges or rejects the case for filing.
Once Y'all Confirm Y'all Take an Arrest Warrant – Telephone call a Good Lawyer
The balance of this article assumes you accept confirmed that you are wanted and an abort warrant has issued. Information technology is wise at this point, if not before, to contact an experienced Colorado criminal defense lawyer who will advise you nigh the many issues you are nearly to face and to determine the best and safest course of action for the all-time result in your example.
Information technology will be your lawyer's task to discover the verbal nature of the charges and to "discover" the extent of the investigation performed to the betoken of the issuance of the warrant. Thus, the existent "meat and potatoes" of the case begins – which includes working with your lawyer to assemble the bachelor exculpatory evidence with the ultimate goal of developing a defense theory that will achieve the best possible result in your example.
One of the most important early tasks requires tracking downward whatsoever exculpatory evidence that may exist in the example. Is there video? Other independent eyewitnesses? Is there concrete show that has been disregarded? The reason to act speedily is to prevent the spoliation or loss of evidence. Memories fade, and prove can be lost or destroyed with the passage of time.
The early intervention of an experienced Colorado criminal defense lawyer can make a clear departure fifty-fifty at this stage of a criminal example. An experienced attorney tin offer the kind of guidance/assistance required to make the proper arrangements to surrender on the warrant. Whether you are innocent of the crimes charged, or not, pro-actively and intelligently reacting to the arrest warrant in setting upwardly a well-conceived give up is an of import step in the process.
Being Arrested is a Frightening Experience – Prepare Yourself Mentally and Physically from the Start
While non often addressed by those in the criminal court system, it is certain that for nearly people at that place is farthermost emotional distress related to learning of the existence of an arrest warrant. Intense negative emotions such as fright, depression, and/or anxiety are felt at a high level and usually on a daily basis. This state of mind permeates the accused'southward health and mental well-being. The feelings run the gamut from panic and anxiety, to paranoia, worry, and embarrassment, and fifty-fifty sadness about the warrant.
An arrest tin occur anywhere and at anytime. That includes the law showing up at the forepart door of your home, your place of employment, or as a result of contact at a routine traffic stop. That is why it is necessary to take control of the situation.
The help of a lawyer at this stage may make the difference to your employer, and your family and friends. Typically, facing the issue head on and not hiding from the warrant will give you relief. When the warrant has been taken care of, you tin focus on fighting the case rather than running from the warrant.
Controlling the fourth dimension and place of your surrender avoids the embarrassment of being arrested in forepart of your children, your neighbors, or your business colleagues. It is highly advisable to control of this process with the help of a bonds person, your lawyer, or both.
Bargaining with Yourself
Nearly individuals understand and expect that they will be caught eventually, and most want to set up up a programme to give up at some bespeak. When making the decision of how and when to give up on the warrant, the tendency is to "negotiate with oneself."
Information technology is mutual to set up out plans such every bit – after the holidays – or 1 more than weekend – or when the apartment lease runs out… The surrender plans are as varied as the people making them. The intention of this article is to provide help in planning that conclusion and making those plans as concrete as possible.
How to Give up on an Arrest Warrant in Colorado – How Practice I Plow Myself In?
A surrender "programme" ways turning yourself in to the authorities. This usually means contacting the police section or sheriff and physically going to the police department or the county jail. The best approach is to accept your lawyer piece of work with the absorbing officer or main investigator to arrange a user-friendly time and date to turn yourself in.
In one case at the county jail, the jail regime, usually a sheriff, will detain you and book you lot into the system. This is the concrete part of the arrest. It is a good thought to contact a reputable Colorado bail bonds person and prearrange the posting of bail bond. A good bail bonds person, and a good lawyer, can assist you in keeping your stay in the jail as short every bit possible.
A good give up program ways initiating and controlling the timing of the surrender. The idea is to turn yourself in before you are tracked downwards and arrested. As shortly every bit you learn that an abort warrant has been issued – take charge – initiate your surrender programme into action.
This is the best course of activeness because you can avert a needlessly extended stay in the jail. For example, if you lot are defenseless and arrested on a Friday or Saturday evening, you lot may not be able to bond out until the following Monday if bail bond has not already been set – you may accept to wait to see a gauge. By planning your ain give up, yous avoid staying whatsoever longer than the bare minimum to bond out.
The Timing of Your "Surrender Plan"
Surrender planning means addressing and and then amalgam the specific "logistics" of the act of surrendering. Where and when to surrender is always fact specific to your case. Surrender planning has to be clear and logical.
Earlier surrendering:
● Construct a list of all telephone numbers for family, friends, the bonds person and your lawyer and have it with you – you will non have like shooting fish in a barrel access (or sometimes any access) to your cell phone.
● When the time comes to get to the constabulary station or the jail, never bring any valuable personal property on your person or, if you have your auto with you, don't go out such property in your motorcar.
● I recommend bringing just one credit card, your prison cell phone, and your commuter'due south license.
● If you are on critical medication, bring it with you, along with a letter of the alphabet from your dr. regarding the medication and the reason it is necessary. If possible, try to inquiry the policies of the canton jail in advance to know their medical policies.
● Wear comfortable clothes that yous don't intendance nearly – a clean shirt, decent jeans, and slip-on shoes – no laces. Remove any and all jewelry in advance (peculiarly body jewelry).
● If you are a care-giver for your parent or parents or y'all have children, adapt for their intendance for much longer than you lot believe you may be held.
● Clear your absence with your employer, if any. This is a delicate area and is specific to the person surrendering as to what kind and how much information that y'all desire to share.
● Turn yourself in on a Tuesday, Wed or Thursday, not on a Monday specially afterwards a holiday weekend. Mondays are extremely busy following the arrests that are made over the weekend. Friday surrenders are as well a very bad idea equally you may not run across a judge for the entire weekend depending on the jurisdiction.
● Be conscientious NOT to have an kind of contraband with you such as utility knives, belts, shoelaces, and drawstrings.
Think to Never Speak to the Police Almost the Crimes You lot Are Declared to Have Committed – Never
A reminder nigh not making whatever statements, oral or written without a lawyer:
● Upon learning of an abort warrant, immediately retaining a criminal defence force lawyer is the best reaction to making certain yous construct the best defense to a criminal investigation. A warning – never try to "talk your way out of information technology" or explain what happened.
● When you lot are under abort and in custody, you may feel vulnerable, which sometimes makes people prone to make statements that tin can later on could be used against them. It is a common tactic for the law to use a crunch to manipulate you and to use your weakness to confess to the crimes under investigation.
● Law enforcement officials are trained to obtain incriminating statements by using such tropes every bit "trying to get your side of the story." Don't autumn for it – never make a statement under any circumstance. Always remain silent and refuse to answer whatever questions. Refuse any attempt to interrogate you without starting time consulting with an experienced criminal defense attorney.
● Practice non speak to anyone except a lawyer virtually the case. Do not post annihilation online or on social media. Do not email or text anyone nearly the instance. Don't leave whatsoever vocalism messages or hand written notes to anyone about the case. Do not discuss the case over the phone with anyone while you are in custody- including video phone conferences. Everything in the jail is recorded. Essentially, impose a "black out of data" to anyone simply your lawyer.
● Don't contact any witnesses or victims of the crime. The law may endeavour to gear up a pretext telephone call past using the victim to obtain an incriminating argument from you – don't autumn for this common tactic.
● Don't contact the District Attorney or the gauge to "plead your case." Never send letters to these parties without your lawyer's noesis.
● The Miranda Warnings are intended to aid you understand your rights. Don't ignore them – that you lot take the correct to remain silent only that right tin can be "waived" if yous voluntarily talk to the police. Give only the minimal information they require like demographic data such equally you proper noun, historic period, accost, and date of nascence during booking.
Finally, a Discussion About the Psychology of "Avoiding" the Arrest Warrant
When a person becomes aware of an active abort warrant it is entirely normal to fall into a land of denial and to develop psychological "strategies" to try to evade the problem at manus.
Life in this country is guided by doing what is necessary to avert an abort by calculating the risks of ane's every action in the face of the warrant.
"What are the probabilities I will be defenseless?" And "If I am defenseless what are the consequences? Will I lose my chore? Destroy of my finances? Will this have a negative impact on my relationships?"
It is exhausting calculating such decisions equally who you can socialize with, whether you should yous leave the house, if you do leave, should it exist by day or night, should you walk or drive? These are merely a few of the considerations someone running from an outstanding warrant may have to contemplate, daily.
It is understandable that many of my clients enhance concerns with the criminal justice organization. Many view the system with distrust and see it as unfair, untrustworthy, without respect, empathy, pity, or concern for who they are and their situation – and they are right.
Equally a legal practitioner, I believe that agreement how those who face arrest warrants cope with their fears tin can exist helpful. This is why I included the section beneath – to (hopefully) help the reader understand their feelings.
The strategic beliefs of evading arrest can exist broken downwardly into themes. These themes are consistent with one another and autumn under the umbrella category of "avoidance behaviors" that are common to those who learn there is a warrant for their arrest.
The themes are:
Pure Avoidance,
Social Isolation,
Hyper-vigilance,
Unpredictability, and
Hiding in Plainly Sight.
Pure Avoidance
Pure abstention is a abiding effort to stay away from the police force because it is the law that have the direct dominance to take them into custody. This kind of abstention extends to agencies who have "contact" with the police – such every bit medical facilities, public safe agencies, human services, employment agencies, and educational institutions – all who may share information such as warrant status data, or accost data with police enforcement.
Social Isolation
Social isolation is oft coupled with pure avoidance because it reflects the adjacent step in a process in which a person experiences constant awareness that the people in their lives may bring the attention of the "authorities." Those who exercise social isolation rarely or never leave their homes, and are careful of what they eat and where they obtain their food. They may identify either family unit members or partners as being "prophylactic," merely simply those inside their inner circle are condom and almost everyone else "cannot be trusted."
These individuals withdraw from their support system and drain their resources, often increasing their issues.
They may go to the extreme of avoiding necessary medical treatment and will really suffer the physical consequences of an untreated medical condition if there is a take chances they could be "discovered" by law enforcement. Isolation ways they volition non be arrested, but the consequences mean living a life so detached from social club as to avoid capture, information technology takes a huge emotional price with potentially lasting furnishings.
For these individuals information technology is meliorate to live in the community with a longstanding warrant hanging over their caput, than to turn themselves in.
Hyper-vigilance
Hyper-vigilance (sometimes bordering on paranoia) is the constant fear that the law are close by – which normally manifests every bit "looking backside your dorsum" every day. Information technology is an enhanced sense of alertness and behavior that is adapted to prevent an assumed danger. It leads to almost certain emotional distress and a panic and feet that never goes away until ane is caught and arrested.
Unpredictability
Unpredictability is some other strategy individuals use to try to evade arrest.
Examples include: constantly moving from location to location, intentionally non working, and fifty-fifty drastically cutting ties to family and friends. Unpredictability is characterized by erratic beliefs and a chaotic lifestyle. The reasoning here is that the police cannot locate them precisely because there is no consistency in there lifestyles.
Hiding in Plain Sight
Hiding in plain sight is precisely as it sounds. Those with abort warrants continue to live their lives as they always have been. They make an endeavour to appear "normal" and therefore hope they practise not draw the attention of the authorities by "hiding in plain sight."
The strategy here is to avert unwanted attention by standing to do "normal things," which include working their normal chore, going for outings on the weekend, going to church building, clubs or activities "normally" and hoping that all volition merely go along as earlier. Hither, the risk calculation includes the intended decision, of not surrendering on the arrest warrant, but as well trying to provide for family unit and friends by continuing their former lives and understanding at that place is a higher gamble of capture.
Understanding how others cope with the knowledge of an arrest warrant may be of some assistance in terms of how y'all may deal with your arrest warrant situation. If nothing else, I hope this article has provided some insight if you discover yourself facing decisions surrounding an arrest warrant in Colorado.
Why Should I Turn Myself in for a Colorado Law-breaking if I Am Innocent of that Crime?
Never finish fighting – never terminate believing in yourself and your correct to due process of law.
ABOUT THE Author: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his role at 303-627-7777 during business hours – or call his prison cell if you cannot await and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate virtually criminal defense. His all-encompassing knowledge and experience of Colorado Criminal Law gives him the border you need to properly defend your case.
Source: https://www.colorado-criminal-lawyer-online.com/why-should-i-turn-myself-in-for-a-colorado-crime-if-i-am-innocent-of-that-crime/
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