Having an active warrant for your arrest can be stressful and frightening, mainly because the arrest could happen at any time. If you have an arrest warrant in Louisiana, you may be wondering if it is in your best interest to turn yourself into the police as a sign of good faith and cooperation. However, it is essential to consult a lawyer before turning yourself in.
A skilled criminal defense attorney can help you learn the details of your case and develop a plan for presenting yourself to the police. Your attorney will be with you every step of the way to ensure your rights and interests are being protected.
Understanding Arrest Warrants
An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take an individual into custody. This document is based on probable cause, meaning there is sufficient reason to believe the person has committed an offense.
The legal basis for issuing warrants is grounded in constitutional protections against unreasonable searches and seizures. Judges rely on affidavits or sworn statements by officers to establish probable cause before granting a warrant. Arrest warrants are a lawful means of ensuring that arrests are carried out with authority and respect for individual rights.
Types of Warrants in Louisiana
In Louisiana, there are two types of arrest warrants. Knowing which type of warrant you have is essential in order to better understand what you are up against.
Bench Warrants
If you fail to appear in court at the scheduled time and date, you may be issued a bench warrant. This authorizes law enforcement to take you into custody to ensure you appear before the judge in court. If you have a bench warrant in Louisiana, you could face jail time and heavy fines. You can clear the warrant by appearing in court or by partnering with a seasoned criminal defense attorney to recall the warrant.
Arrest Warrants
Police obtain arrest warrants if they have a strong reason to suspect you of a crime. The police must provide probable cause for a judge to issue a warrant against you. Once the police have a warrant for your arrest, they can apprehend you anywhere at any time. The police will bring you before a judge to potentially set bail. This initial court appearance is known as a bail hearing, where the judge will determine the conditions of your release.
During the bail hearing, the judge will determine bail, and you will then have the option to pay or remain in jail. The stakes in criminal cases are high, and you may need a criminal defense attorney to help protect your rights.
Things to Consider Before Turning Yourself into the Police
Before turning yourself into the police, you should be fully informed about why the warrant was issued and your strategy moving forward. An experienced attorney is an asset in these uncertain times and can help you by:
- Discovering the reason the warrant was issued
- Understanding the specific criminal charges against you is crucial for preparing your defense
- Negotiating on your behalf through every step of your peaceful and voluntary surrender
- Protecting you from self-incrimination when you speak to the police
- Helping you and your family arrange bail
- Arranging a recall of a bench warrant
- Conducting a full investigation into your case
- Preparing a solid defense strategy tailored to your unique situation
While it is vital to contact a lawyer before turning yourself in, it is also important to note that you do not have unlimited time to act. When a warrant is issued for your arrest, it is only a matter of time before the police show up at your home or workplace to take you into custody. As soon as you learn of a warrant for your arrest, your next move should be to contact an attorney. Early engagement with legal representation can significantly enhance your chances of a favorable outcome.
Turning Yourself in: Is it Better to Do So Voluntarily?
Turning yourself in voluntarily can be a strategic decision that demonstrates cooperation with the judicial process. It allows you to take control of the situation and plan ahead, coordinating with a criminal defense attorney to minimize potential disruptions to your personal and professional life.
Voluntarily surrendering can also positively influence how judges and prosecutors view your case. However, it’s essential to consult with a criminal defense lawyer before making this decision, as they can provide guidance on the best course of action and help you understand the potential consequences.
The Booking Process and Miranda Rights
The booking process typically involves confirming a person’s identity, reading their Miranda rights, and taking fingerprints, photos, and other information. It’s crucial to invoke your right to remain silent and request counsel (a criminal defense attorney) during this process.
The booking process can be a traumatic experience, and having a lawyer present can help ensure your rights are protected. After the booking process is complete, your attorney can start working on getting you released.
Preparing for Your Defense
Preparing for your defense involves gathering evidence and documentation supportive of your case. This includes reviewing police reports, obtaining witness testimonies, and gathering any available exculpatory evidence.
A criminal defense attorney is critical during this phase, as they can navigate complex legal procedures and negotiate plea deals if applicable. Engaging with an attorney early on can provide valuable guidance and improve the chances of a favorable outcome.
Post-Turn-In Steps: Arraignment and Bail Considerations
After turning yourself in, the arraignment follows, which is the first court appearance where charges are formally presented. The judge may then address bail, determining if you can be released until the trial.
Factors influencing bail include the nature of the offense and your criminal history. Bail can be granted, denied, or set at a specific amount. In some cases, conditions are attached to bail, like travel restrictions. A criminal defense attorney can help you understand the bail process and advocate for your release on your own recognizance or with a bail bondsman.
Consult With a Reliable Louisiana Criminal Defense Attorney
Located in Minden, Louisiana, the skilled legal professionals of the John D. & Eric G. Johnson Law Firm have experience handling a wide variety of cases. Attorney Eric G. Johnson is dedicated to representing clients with warrants and ensuring their rights are protected.
Attorney Johnson and his team have a proven track record of success and will fight tirelessly for their client’s interests. Their expertise in navigating the legal system ensures that clients receive the best possible representation. To learn more about how Attorney Johnson can help you, call us today at (318) 377-1555 or complete our contact form to schedule a free, no-obligation consultation today.