Arrest Warrant Guide

Delaware Arrest Warrants

Picture this scenario: you're driving along, minding your own business when suddenly a police officer pulls you over. Maybe you were speeding or have a broken taillight. After running your license, the officer asks you to step out of the car. Obeying the orders, you get out of the car and are placed under arrest. While you are taken to the police station you swear you're innocent.

Guess what? You just might be, but if an arrest warrant was sworn out in your name the police are compelled to arrest you. There is zero wiggle room with this matter.

Delaware arrest warrants follow the same procedures as found in the rest of the country. A warrant can only be issued by a judge. When that warrant is issued, the name on the warrant goes into a database. If that name pops up during the course of a search then that person is to be arrested. This holds true for bench warrants or felony warrants. The difference between these two types of warrants comes down to the severity of the offense.

What is a Bench Warrant?
A bench warrant is issued when a person has failed to comply with a court order. You might have been summoned to be a witness in a trial, but if you don't show up you could be arrested. A bench warrant is also issued to a person who hasn't paid court ordered fines or child support.

With a bench warrant there isn't a major priority to make the arrest. However, until the matter is resolved in front of the judge who issued the warrant it will remain an active warrant and can be implemented at any time in any place.

What is a Felony Warrant?
A felony warrant is issued by a judge against any person who is suspected of a criminal offense. This will happen when a judge is presented with probable evidence that the suspect has committed the crime. It doesn't have to be all the evidence, just enough to show probable cause.

A judge can also issue a felony warrant when a suspect has been indicted by a grand jury. With those cases, a prosecutor will present their evidence to a grand jury asking for specific charges to be leveled against an individual.

Felony warrants are considered a higher priority, especially in matters involving personal injury or murder. With these types of warrants, arresting officers can be dispatched immediately to make the arrest.

Researching Warrants
Any type of warrant is a matter of public record and can be researched on any number of Delaware criminal records archives. Your chances of having a warrant sworn out in your name increase if you have ever been the victim of identity theft. You could be living in Delaware while someone is breaking the law in your name in Nevada. The next time you cross paths with the law, you will be the one arrested.

If you do discover a warrant in your name, your best course of action is to seek legal counsel immediately. A criminal defense attorney will know how to navigate through the court system. And just because you are retaining the services of a criminal defense lawyer doesn't make you a criminal!



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