Facing an outstanding warrant in North Carolina can be a stressful experience, but understanding your options and taking proactive steps can significantly ease the process. This guide provides crucial information on navigating this situation, covering everything from understanding warrant types to exploring resolution strategies.
What are the Different Types of Warrants in North Carolina?
North Carolina warrants fall into several categories, each carrying different implications:
- Arrest Warrants: These are the most common type, issued by a judge when there's probable cause to believe someone has committed a crime. Failure to appear in court on a scheduled date often results in an arrest warrant.
- Capias Warrants: Similar to arrest warrants, capias warrants are issued for failure to appear in court or for violating probation or parole.
- Bench Warrants: These are specifically issued by a judge when someone fails to appear in court as summoned.
The severity of the underlying offense dictates the seriousness of the warrant. A misdemeanor warrant will have different consequences than a felony warrant.
How Can I Find Out if I Have an Outstanding Warrant in North Carolina?
Several methods exist to check for outstanding warrants in North Carolina:
- Contact the Clerk of Superior Court: This is the most reliable method. Contact the clerk's office in the county where you believe the warrant might exist. They can search their database for your name and provide information about any outstanding warrants.
- Use Online Warrant Check Tools: While caution is advised, some counties offer online warrant lookup tools on their official websites. Be aware that the information might not be completely up-to-date.
- Consult an Attorney: A criminal defense attorney can access court records and determine if a warrant exists. This route provides legal counsel simultaneously.
What Happens if I'm Arrested on an Outstanding Warrant?
Being arrested on an outstanding warrant can lead to several consequences:
- Jail Time: Depending on the severity of the offense, you could face immediate jail time.
- Court Appearance: You'll be brought before a judge to address the warrant.
- Bail or Bond: You might be required to post bail or bond to secure your release.
- Legal Fees: Legal representation will likely be necessary, resulting in additional costs.
What are My Options for Resolving an Outstanding Warrant?
Your options depend on the specifics of your warrant and the underlying charges. Consider these possibilities:
- Turn Yourself In: This is often the best approach. Contact the relevant authorities and arrange a time to surrender peacefully. This demonstrates cooperation and might lead to a more favorable outcome.
- Negotiate with the Prosecutor: Depending on the circumstances, your attorney might negotiate a plea bargain to resolve the underlying charges.
- Seek Legal Counsel: An experienced criminal defense attorney can guide you through the legal process, negotiate with the prosecutor, and represent you in court. This is strongly recommended.
What is the Process of Turning Myself In?
Surrendering yourself involves contacting the relevant law enforcement agency (usually the sheriff's department or police department) in the county where the warrant was issued. Explain your situation and arrange a mutually agreeable time to surrender. Bring any identification you have with you.
Can I Resolve an Outstanding Warrant Without Going to Jail?
In some instances, yes. This often depends on factors such as the severity of the offense, your criminal history, and your cooperation with authorities. Negotiating a plea bargain or working with a skilled attorney can significantly impact the outcome.
How Can I Avoid Getting an Outstanding Warrant in the Future?
Prevention is key. Always appear for court dates, comply with legal obligations, and keep your contact information current with the court.
This information is for general guidance only and does not constitute legal advice. If you have an outstanding warrant, immediately seek legal counsel from a qualified North Carolina attorney. They can help you understand your legal rights and options, and guide you through the process of resolving your situation.
