yDo You have an outstanding warrant for your arrest in Virginia?
Our Attorneys Can Help Your Clear It Up Before it’s too Late!
A warrant for your arrest is a ticking time bomb in this day and age of computerized data sharing.
If you skipped a court date, or violated your probation, a bench warrant for your arrest was issued by a judge for failure to appear in court. The police may not be out actively looking for you, but any traffic stop or contact with the police will end with you being arrested.
And with the new license plate scanners being used by police officers deployed in cruisers nationwide, you can be scanned, linked by a DMV and criminal database, flagged, and arrested in minutes. Just for driving down the street, legally!
This technology is getting more advanced all the time, and there isn’t much you can do you to stop it.
Your best bet is to get in front of the problem, before you get stopped. Once you are arrested, you will lose whatever negotiating leverage you have in fixing your arrest warrant.
What Happens if I’ve been charged with a crime and I don’t show up to court?
You will be charged with the crime of Failure to Appear. Under Virginia law, this is a crime in addition to the crime with which you were originally charged.
In order to convict you of Failure to Appear, the Commonwealth must prove, beyond a reasonable doubt, that the person:
- Was charged with a felony or misdemeanor offense; or
- Was convicted of a felony or misdemeanor offense and was awaiting sentencing; and
- Willfully failed to appear before the court.
If the underlying charge is a felony, then the individual will be charged with a Class 6 felony.
If the underlying charge is a misdemeanor, then the individual will be charged with a Class 1 misdemeanor.
See: Failure to Appear – Va. Code Ann. § 19.2-128
Can I Get a Criminal Warrant Removed, and My Record Cleared?
Yes, in many cases, this is possible. If you made a mistake in missing a court date, or live far away and were unable to travel back, some Virginia courts and judges may be agreeable to clearing the warrant if you agree to appear promptly.
I Live Out of State – Can You Help Me Clear a Virginia Arrest Warrant without me present?
Maybe. It depends on the seriousness of the charges, and how old they are. Please call us to discuss your situation, and we’ll let you know if we can help.
I have an Outstanding Virginia Warrant from many years ago. Will it Expire? What is the Statute of Limitations?
No, quite the opposite. An old warrant, even from decades ago can show up anytime. Especially with more and more law enforcement agencies networking there computer databases with tighter national security coordination, you could be arrested in California for a Virginia warrant that suddenly pops up online.
But the good news with old cases of failure to appear or criminal warrants is that, if you are proactive, you have a good chance to get the warrant removed and the case dismissed.
With old cases, evidence and witnesses disappear, and they simply may no longer to be able to prove the case against you. And if the DA agrees to drop the charges, there is no case against you, and the warrant is cleared.
Are Virginia Outstanding Warrant Listings Online?
Most are not online for public search, with the exception of the Newport News police department. It is not clear how wide ranging that database is.
Free Consultation on Failure to Appear in Court or Outstanding Criminal/Bench Warrants in Virginia
If you are wanted by a court in Virginia, you should act as quickly as possible to resolve the matter. Let our Virginia criminal defense attorneys handle the case in court, and work to clear your record. We can help you remove the threat of arrest hanging over your head. So call us now for a free consultation on your situation, and we’ll tell you what we can do to help. Contact us or call (877) 439-2999.
If you are out of state or out of the country, we may be able to help you resolve the matter without a court appearance.
We look forward to helping you.