If there is a warrant out for your arrest in PA, you are quite literally in a dangerous spot. You need to act on clearing up the warrant right now.
Generally, two types of warrants exist in PA:
- an arrest warrant and
- a failure to appear warrant.
Each one has its own procedures and requires skilled and experienced counsel to navigate. The goal of dealing with any warrant is:
- to peacefully without harm surrender to the warrant,
- in a fashion that maximizes your chances of gaining bail and
- not going to jail.
What is the difference between a summons and an arrest warrant?
At the beginning of the case, the grading of the charges determines how the case generally proceeds. You can read the rule in its entirety here: 234 Pa Code §509
If the highest graded charge is a misdemeanor of the second degree or less than the case begins by a summons and not an arrest warrant. By rule, all non-felony DUI cases start by summons. But the MDJ has the discretion to start a case by an arrest warrant notwithstanding this stated preference.
A summons
A summons is command of a Magisterial District Judge for you to attend court on a date and time certain. A court sends a summons by first class mail and certified mail. So you cannot ignore that certified mail and not claim it. If you do, then the court will assume that you did not receive the notice and will issue an arrest warrant. If you accept service of the certified mail and do not appear, and the MDJ is satisfied that you received notice (such as the first class mail not being returned and the certified mail return receipt returned to their office), then an arrest warrant is issued.
In the case where the MDJ is satisfied that you received proper notice, the MDJ can choose to have the preliminary hearing without you and with no defense counsel. The result is that the MDJ sends the case to the Court of Common Pleas on a trial track with an arrest warrant.
An arrest warrant
Only the court can issue an arrest warrant. This type of arrest warrant allows any law enforcement officer (even outside of their primary jurisdiction) to seize you and arrest you. If they have probable cause to believe that you are in a private residence, they can enter that private place without a warrant for purposes of seizing you.
All misdemeanor of the first degree (unless it is a DUI) and all felony charges are started by either a physical arrest based upon information received or seen at the present time or by way of application to the judge of appropriate jurisdiction.
If you are physically arrested, you will stay in custody until a bail hearing happens and you “make” bail. You need an attorney right away to argue for your bail.
If the court issues an arrest warrant, then we must think strategically with our longterm goal in mind: beat the government. Otherwise, you might languish away in jail until the case is over. Who wants to do that?
You will know there is a warrant out for your arrest one of many ways. A detective or other law enforcement officer may leave his or her card in your door asking for you to call him or her. A law enforcement officer may stop by your work or house and tell someone that they are looking for you. You could also find out because the police arrest other folks you know.
What to do
Although it is our ethically duty as officers of the Court to tell you to turn yourself in, we want you to be safe and free. If we work together, we will succeed.
STEP ONE
Don’t panic. Easier said than done. But stay cool headed. Acting rashly is how you can make long lasting mistakes. Think chess. Not checkers.
STEP TWO
Realize your goals. Your goals have to be very realistic.
- If your goal is to outrun or out-fox the police and stay on the run forever, you will lose long term. In this day and age with the interconnectedness of the world and the sharing of law enforcement information, you can’t avoid arrest forever.
- Once the court issues a warrant, no amount of talking with the police will cancel it. So don’t try.
- Don’t flee. Don’t leave the state. Besides opening yourself up to lengthy and protracted out-of-state extradition when you are caught out of state, the DA can ask for and get at trial an instruction called “Consciousness of Guilt”. In essence, that jury instruction tells the jury that they can infer, if they choose to, that your flight proves your guilty. It is very powerful.
- Be safe. Our goal together is to make sure you live through this. Being a wanted person is very dangerous. Police will be on heightened alert once they discover that you are wanted for a crime and an arrest warrant is out for you.
- Keep a low profile. Screen your calls. Don’t go out in public. Let your attorney arrange your safe surrender.
STEP THREE
If you hire us, we can negotiate your surrender. If you walk into the Sheriff’s Office or the state police or other LEO with us, they will not hurt or abuse or kill you while being taken into custody.
We can negotiate with the DA ahead of your surrender to find acceptable terms and conditions of bail.
Bail. We have an extensive network of bails bondsmen throughout the state that we can recommend and have on call ready to bail you out.
Additional recommended reading:
Free PA DUI Info (Easy to Understand Language)
Information on Pennsylvania Criminal Charges (and Maximum Sentences)
Free information on Drug Charges
Gun Law charges (and maximum sentences)
Sexual Offenses (and Free Megan’s Law) Information
Free Guide on Theft Charges in PA
What to do with assault charges and Self Defense in Pennsylvania
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