Turning yourself in on an outstanding warrant can be a daunting experience, but understanding the process can alleviate some anxiety. While the specifics vary depending on the location (state, county), the severity of the crime, and the issuing agency, there are common steps and outcomes you should be aware of. This guide will walk you through what typically happens and answer some frequently asked questions.
What Happens Immediately After Turning Yourself In?
The immediate aftermath of turning yourself in begins with your arrival at the designated law enforcement agency. This could be a local police station, sheriff's office, or even a state police barracks, depending on the warrant. Upon arrival, you'll likely be:
- Identified and Booked: Officers will verify your identity using official identification (driver's license, passport, etc.) and confirm the outstanding warrant against you. This involves fingerprinting, photographing (mugshot), and possibly a search of your belongings.
- Informed of Your Rights: You will be read your Miranda rights, outlining your legal protections, including the right to remain silent and the right to an attorney. It is crucial to understand and exercise these rights. Do not speak extensively without legal representation.
- Taken into Custody: After confirmation, you'll be officially taken into custody. This may involve being placed in a holding cell until further processing.
What Happens After Booking?
Following the booking process, several scenarios can unfold:
- Bail Hearing: The judge may set bail, a monetary amount you need to pay to be released from custody pending your trial. Bail amounts vary considerably depending on the offense and your criminal history. If bail is set, you or a bondsman will need to post the bail to secure your release.
- Preliminary Hearing: In some cases, you will have a preliminary hearing before a judge to determine if there is enough evidence to proceed with the case.
- Arraignment: This is a formal hearing where you are officially informed of the charges against you and enter a plea (guilty, not guilty, or no contest).
- Detention: If bail is not set or if you cannot afford it, you will remain in custody until your trial or other legal proceedings.
Will I Go to Jail Immediately?
The answer depends on numerous factors, including the nature of the warrant and the judge's decision. For less serious offenses, you may be released on your own recognizance (OR) without posting bail. However, for more serious charges or if you have a history of failing to appear in court, you are more likely to be held in jail until your next court appearance.
What Should I Do Before Turning Myself In?
Proactive steps before surrendering can significantly impact the process:
- Consult an Attorney: This is arguably the most crucial step. A lawyer can advise you on your rights, the potential consequences, and the best course of action. They can also represent you in court and negotiate on your behalf.
- Gather Important Documents: Compile any documentation that may be relevant to your case, such as identification, proof of address, and any evidence that could support your defense.
- Prepare for the Detention Process: Understand that the booking process may take several hours, and you should prepare accordingly. Inform your family and friends of your situation.
What if I Can't Afford a Lawyer?
If you cannot afford a lawyer, you may be eligible for a court-appointed attorney. You should inform the court of your financial situation and request representation.
What if I Have Other Legal Issues?
It's crucial to disclose all outstanding legal issues to your attorney. This allows them to build a comprehensive strategy that accounts for all potential consequences.
Turning yourself in on a warrant is a serious legal matter. Taking the initiative to understand the process and seeking legal counsel will ensure you navigate this challenging situation effectively. Remember, the information provided here is for general knowledge and should not substitute for legal advice from a qualified attorney.
