QUESTION
Can a warrant be issued if the person was never arrested?
Asked on Sep 23rd, 2011 on Criminal Law - California
More details to this question:
Can a warrant be issued if the person was never arrested or cited?
32 ANSWERS
3 Awards
Yes, they issue a warrant to finally arrest the person. Have a bail bondsman on speed dial just in case your get arrested.
Answered on Jun 24th, 2013 at 12:24 AM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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Yes.
Answered on Jun 03rd, 2013 at 2:36 AM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Yes. Many are issued based on probable cause after investigation.
Answered on Jun 03rd, 2013 at 2:35 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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Yes.
Answered on Jun 03rd, 2013 at 2:34 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No.
Answered on Jun 03rd, 2013 at 2:33 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes.
Answered on Jun 03rd, 2013 at 2:33 AM
Appellate Practice Attorney serving Milford, MI
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Mitchell T. Foster, PC
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Yes.
Answered on Jun 03rd, 2013 at 2:33 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on Jun 03rd, 2013 at 2:33 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 2:21 AM
Jacob P. Sartz
My first advice is to retain a lawyer to assist you with this matter. If you need specific legal advice for your particular circumstances, please consult privately with an attorney. Yes, a warrant may be issued if the prosecutor believes they can file the criminal charges in good faith.
Answered on Oct 24th, 2011 at 6:17 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes, warrants are issued all the time when a person has never been arrested or cited. Only if a crime occurs in the officer's presence is the person subject to arrest. Most cases start with the collections of evidence and then seeking warrants.
Answered on Sep 28th, 2011 at 12:53 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Yes. Often an individual can be questioned but not arrested. The report is sent to the DA's office and the decision to charge a crime is decided then. Usually a letter will go out asking the individual to appear for charges to be filed. If they fail to appear at that time a warrant can be issued. However, the length of time between the interview and the letter is crucial. If you or a friend ever receive a letter from the District Attorneys Office please contact an attorney to review your rights.
Answered on Sep 28th, 2011 at 6:17 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes, that is the entire purpose of an arrest warrant.
Answered on Sep 27th, 2011 at 8:35 PM
Yes it can. Many times the warrant doesn't issue until the investigation is completed.
Answered on Sep 27th, 2011 at 8:25 PM
An arrest warrant may be issued even though the person has had no notice and has was not arrested and released or cited on the charge in the arrest warrant.
Answered on Sep 27th, 2011 at 7:44 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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What kind of warrant are you talking about search warrant, bench warrant, arrest warrant? An arrest warrant can obviously be issued without the person being arrested because that is the whole purpose of the warrant; the judge believes there is probable cause to have that person arrested.
Answered on Sep 27th, 2011 at 7:36 PM
Criminal Defense Attorney serving Charlotte, NC
Partner at
Olsinski Injury, Family and Criminal Lawyers
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Yes, once a warrant is issued it is at that point they will be either arrested or have to turn themselves in. At which point they will have been "arrested"/processed and depending on the crime will dictate what bond is issued.
Answered on Sep 27th, 2011 at 5:52 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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Yes, a warrant can be issued by the judge after the D.A. files felony charges even if the person was not arrested or cited.
Answered on Sep 27th, 2011 at 4:54 PM
Samuel H. Harrison
Yes. The warrant is the document authorizing law enforcement to arrest the person.
Answered on Sep 27th, 2011 at 4:45 PM
Yes, it is the filing of a criminal complaint and the issuance of a warrant that "officially" starts a criminal case.
Answered on Sep 27th, 2011 at 4:43 PM
Yes. Usually this happens after the prosecutor decides to charge you (and yes this can happen without you ever having been arrested). They will usually mail a letter to you at your last known address with a court date. Once you fail to show, a warrant is issued.
Answered on Sep 27th, 2011 at 12:09 PM
Daniel Kieth Martin
Yes, in fact many warrants are issued without a person being arrested. If law enforcement initiates an investigation and as a result of that investigation they have probable cause to arrest then a judge can sign an arrest warrant.
Answered on Sep 27th, 2011 at 12:05 PM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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Yes. For instance if you fail to show up for a routine court appearance a bench warrant will be issued.
Answered on Sep 27th, 2011 at 12:05 PM
Michael J. Breczinski
Yes if someone comes in and has enough evidence to show probable cause to believe that a person commited a crime and swears to it then the judge will issue a warrant. The person can then be arrested on that warrant.
Answered on Sep 27th, 2011 at 11:59 AM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Yes. If police learn information that constitutes probable cause that a crime was committed, the police can arrest either "on view" or with an arrest warrant, which is signed by the judge after the police forward their report to the DA, the DA opens a file and requests a warrant. The cop then takes it to a judge for signature and bail setting and it is input at the police department. As soon as the officer has a signed warrant, they can serve it (arrest the person).
Answered on Sep 27th, 2011 at 11:53 AM
Yes, if the law enforcement agency has enough evidence to believe that it is probable that a crime was committed and that a certain person committed that crime, a warrant can issue to bring that person to court to answer the allegations.
Answered on Sep 27th, 2011 at 11:53 AM
Yes, a warrant can be ordered and a summons issued for you to appear if a prosecutor convinces a judge there is probable cause you committed a crime.
Answered on Sep 27th, 2011 at 11:49 AM
Criminal Law Attorney serving Costa Mesa, CA
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Ferrentino & Associates
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Yes. If the District Attorney's Office decides to file a case, it can ask a court for an arrest warrant rather than send a letter requesting you appear in court.
Answered on Sep 27th, 2011 at 11:43 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
For the most part, that is the entire purpose of a warrant. If the person was already arrested or given a citation with a court date, then there would be no reason to issue an arrest warrant.
Answered on Sep 27th, 2011 at 11:40 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes. Warrants issue for people all the time. The person with the warrant needs to contact a bondsman to determine what the warrant is for. If the person cannot post a cash bond, the person needs to make arrangements with the bondsman to post a non-arrest bond where he goes with the bondsman to be fingerprinted and photographed and is then released. Otherwise, if there is a warrant he can expect to be arrested at any time.
Answered on Sep 27th, 2011 at 11:25 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It sure can. More often than not, this happens. In order for a warrant to issue the prosecutor files with the court a statement of probable cause to justify the issuance of a warrant. A judge will review the statement and if there is enough factual basis to issue a warrant, the judge will do so.
Answered on Sep 27th, 2011 at 11:10 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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What probably happened was the DA sent a letter to your friend and either he had moved or the address was wrong or something. They gave him a court date. He didn't show up (as he didn't know about it) so a warrant issued. Call the court clerk and tell her theproblem and ask that he be added to calendar. Then he can explain what happened and it should be ok. That is he tells the judgethat the first time he heard about this was when he got the warrant.
Answered on Sep 27th, 2011 at 10:59 AM