Arrest Warrant Guide

Montana Arrest Warrants

Identity theft is on the rise. Savvy criminals have found ways to exploit lax internet security to obtain our personal information. There is also a criminal element that can swipe our identification whenever we use our credit cards. Fortunately, law enforcement agencies and the banking industry are staying one step ahead of this crime wave and have put many safeguards in place to prevent identity theft, but it's not foolproof.

When a criminal assumes your identity to steal then it is your identity that could become the focus of an arrest warrant. There have been many instances where a person living as a law abiding citizen in one state, isn't aware that someone in another state is exploiting their identity.

Of course, it will be the law abiding citizen that could get into trouble if a police officer finds their name in a criminal database. You can check for any Montana arrest warrant using one of the many online archive searches. What you will discover is that there are two types of arrest warrants issued in Montana: bench or felony arrest.

Montana Bench Warrants
A bench warrant is generated when you've failed to follow a court order. This could be a court order from a month ago or several years ago. You might even think you did what you were supposed to do, but if a judge says otherwise you could be facing an arrest. Unpaid traffic tickets and missed child support payments are also reasons for having a bench warrant sworn out in your name. Same with not going to any court orders classed for DUI or anger management course.

You might not think it is a big deal, but ignoring a court order then having a bench warrant sworn out in your name can only be resolved when you stand before the court.

Montana Felony Warrants
A felony warrant is generated when a judge has been presented with enough compelling evidence to name a person as a suspect in a criminal offense. Of course, everyone is still innocent until proven guilty, but that doesn't mean you can't get arrested. Unlike bench warrants, a felony warrant takes priority in the minds of law enforcement. And if the crime is of an extremely serious nature, they will do whatever is necessary to apprehend the suspect.

Options for Warrants
The only real option you have if a warrant has been sworn out in your name is to turn yourself in and resolve the matter. Once your name has been entered into the criminal database, you can be arrested at anytime by any law enforcement officer. If you're pulled over for running a red light, but have a bench warrant in your name you'll be arrested on the spot and your car impounded.

As you are processed by the police, you have the right to speak with an attorney. This should be the first thing you do. Getting the help of a lawyer who is familiar with the Montana legal system can help you put this matter behind you as quickly as possible. The lawyer will also be able to advise you on having the arrest record expunged, if the law allows.