The district court magistrate has jurisdiction to issue arrest warrants after obtaining the written authorization of the prosecuting or municipal attorney as provided under Michigan law. This means law enforcement can actively arrest you and may show up at your home, work, or other place of business to arrest you in front of your peers. The experience of an arrest can be quite stressful, and you may be out of options on what to do next.
If you or someone you know is subject to an active arrest warrant, it’s imperative you get in contact with an attorney as soon as possible. You can clear an arrest warrant and maybe even avoid going to jail if you have the right representation ready to help you. Don’t waste another moment agonizing over your newly discovered warrant and instead get in contact with an experienced attorney at Dallo Law, P.C..
Arrest Warrant Attorney in Oakland County, Michigan
It’s never good news to learn a warrant has been issued for your arrest, but thankfully you can take some proactive steps to start getting your warrant cleared as soon as possible. Find help with the experienced Attorney J. Dallo at Dallo Law, P.C., an experienced and reputable criminal defense attorney who will stop at nothing to get you the best possible result for your case.
Attorney Dallo is a fighter both in the ring and the courtroom. He understands the drive and persistence it takes to clear an arrest warrant and fight for his client’s rights. His thorough understanding of the Michigan criminal process will give you the advantage once trial begins. Set up your first free consultation with him by calling Dallo Law, P.C. at (248) 283-7000. Dallo Law, P.C. practices throughout the greater Oakland County and Macomb County area including Pontiac, Clinton Township, Warren, Sterling Heights, Southfield, Clarkston, Bloomsfield Hills, and Waterford Township.
- Types of Warrants Issued by Law Enforcement in MI
- What is an Arrest Warrant?
- How is a Bench Warrant Different from an Arrest Warrant?
- Reasons for a Warrantless Arrest in MI
- Additional Resources
Types of Warrants Issued by Law Enforcement in MI
Types of Warrants issued in Michigan include:
For the failure to appear in court on a traffic citation under MCL 257.728, written authorization is not required for a vehicle law or ordinance violation within the jurisdiction of the magistrate as provided in MCL 600.8511(e).
What is an Arrest Warrant?
Essentially, an arrest warrant is a court order from a magistrate that authorizes law enforcement the legal right to arrest the person named. Only judges can issue an arrest warrant and they must have been presented sufficient probable cause to believe the person named committed the criminal offense. The state issues the warrant for the persons’ immediate detention, and from there law enforcement will actively seek out the defendant to make an arrest. They may even enter the defendant’s home or another habitation to make the arrest.
It’s important to understand that if you have an outstanding arrest warrant in Michigan, you must get the matter resolved as fast as possible. In Michigan, an active arrest warrant will never go away. Ever. In fact, many people have been shocked to learn they have a warrant out for their arrest that was issued years ago. The warrant will never get lifted unless you appear in front of a judge and the court officially recalls the warrant.
The longer you delay in answering to the warrant the higher your bond will likely be. It’s best to comply with the warrant voluntarily with counsel. That way the courts can see you’re taking the matter seriously and have every intention to appear in court for every upcoming hearing.
How is a Bench Warrant Different Than an Arrest Warrant?
Bench warrants are similar to arrest warrants as they give law enforcement authorization to detain the person named. However, a bench warrant is normally for matters involving the court such as failure to appear to an upcoming court date. These types of warrants will not result in law enforcement actively searching for the person named. Instead, the defendant may be arrested if law enforcement stops them for something minor such as a broken taillight.
As required by Michigan law, when the original charge in a criminal case is more than a 92-day misdemeanor or felony and the defendant has not been sentenced or discharged, the Clerk of Court must advise the Michigan State Police Criminal Justice Information Center of this Motion and Bench Warrant Memorandum.
A motion and affidavit are not required when the bench warrant is issued on the judge’s own motion. In other cases, a bench warrant for an arrest may be issued to hold the person in contempt for failure to appear or for the failure to comply with a court order.
Can A Police Officer Arrest You Without a Warrant in Michigan?
While warrantless arrests are rare, they do happen in certain circumstances. Under Michigan Code of Criminal Procedure Section 764.15, it states a police officer can arrest a person without a warrant in certain situations. Some of these include, but are not limited to:
- If they committed a felony, misdemeanor or ordinance violation in the presence of a police officer;
- A felony was committed, and the officer has reasonable cause the defendant did it
- The officer has reasonable cause to believe a misdemeanor punishable for more than 92 days or a felony has been committed and the suspected person did the act;
- The officer has positive information from a written, telegraphic, teletypic, telephonic, radio, electronic, or other authoritative source that another court holds a warrant for the defendant’s arrest;
- The officer received positive information broadcast from a recognized police or other governmental radio station or teletype that affords the officer reasonable cause to believe the defendant committed a misdemeanor punishable by imprisonment for more than 92 days or a felony;
- The officer has reasonable cause to believe the person is an escaped convict who has violated their parole form prison, violation a condition of a pardon, violation 1 or more conditions of a conditional release order or probation order;
- The officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625(1), (3), (6), or (7) or section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a local ordinance substantially corresponding to section 625(1), (3), (6), or (7) or section 625m of that act.
- The defendant is found in a driver’s seat of a vehicle parked or stopped on a highway or street and intrudes the roadway and the officer has reason to believe the defendant is under the influence of drugs or alcoholic beverages;
- The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of a snowmobile involved in the accident and was operating the snowmobile in violation of section 82127(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a local ordinance substantially corresponding to section 82127(1) or (3) of that act.
Criminal Division of the Oakland County Clerk – Criminal Division of the Clerk’s Office in Oakland County, Michigan, handles felony and misdemeanor cases. The district court is responsible for the arraignment of the defendant as well as the pre-exam conference and preliminary examination for all felony cases. The district court retains jurisdiction of the case from arraignment to sentencing for all misdemeanor cases.
Warrants Unit of the Oakland County Sheriff’s Office – The Warrants Unit of the Oakland County Sheriff’s Office Investigative and Forensic Services Division is responsible for entering and confirming warrants from fifteen (15) district courts in Oakland County, Michigan, and the 6th Circuit Court. Deputies with the OCSO’ Warrant Unit make arrests throughout the State of Michigan.
Attorney Explains How to Clear an Arrest Warrant in Michigan | Oakland County
Learning you are subject to an arrest warrant can really throw your regular life into whack as now you must navigate the judicial system for something you may not even been aware of. Instead of going into the fight alone, bring alone a seasoned combatant with Attorney J. Dallo at Dallo Law, P.C.. He has defended clients who have had active arrest warrants for years. With his skills and defense strategies, attorney Dallo can help you avoid jail and clear your warrant.
You can call (248) 283-7000 to set up an free appointment to visit Attorney Dallo’s offices in Bloomfield Hills, Michigan. Take note, Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, MI area.