Michael Kotik Criminal Lawyer

Dealing with a Pennsylvania Warrant: How to Take Back Control of Your Life

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Many people believe a common myth about criminal warrants. They think that if they stay out of trouble, the warrant will just expire. Or they think that if they wait long enough, the police will forget about them. Unfortunately, that is not how the Pennsylvania legal system works. Active warrants do not have an expiration date. They do not just go away on their own. If you have an active warrant in Pennsylvania, it stays active until a judge formally lifts it. Michael Kotik knows how stressful this situation can be. The constant fear of an unexpected arrest makes it hard to sleep, work, or live your life. This guide will explain how warrants work in Pennsylvania. It will show how the police track them, and how you can resolve yours safely.

The Two Kinds of Warrants in Pennsylvania

The term “warrant” can mean different things. In Pennsylvania, criminal courts usually deal with two main types of warrants. Both give the police the power to arrest you, but they are issued for very different reasons.

Arrest Warrants for New Crimes

An arrest warrant is issued when the police believe you committed a new crime. Under Pennsylvania Rule of Criminal Procedure 513, police must submit a written complaint to a Magisterial District Judge. They must also write down the facts that show “probable cause.” If the local judge agrees with the facts, they will sign the warrant.

Once signed, the police can actively search for you to place you under arrest.

Bench Warrants for Court Violations

A bench warrant is different. It is not issued for a new crime. Instead, a judge issues it directly “from the bench” because you failed to follow a court rule. This usually happens if you:

  • Missed a scheduled hearing, trial, or sentencing date
  • Violated the rules of your probation or parole
  • Ignored a subpoena to appear as a witness in court
  • Failed to pay your court costs, child support, or fines

A bench warrant orders any police officer who stops you to arrest you immediately and bring you to court.

Why Pennsylvania Warrants Never Expire

It is a big mistake to think you can run out the clock on a warrant. While Pennsylvania has “statutes of limitations” that limit how long prosecutors have to file a charge, active warrants last forever.

How Police Databases Find You Instantly

In the digital age, you cannot hide from an active warrant. Once a judge signs a warrant in Pennsylvania, the information goes into two major databases:

  1. The CLEAN System: This is Pennsylvania’s local police database. Any state trooper or local officer who runs your name during a traffic stop will see your warrant immediately.
  2. The NCIC System: This is a national database run by the FBI. If you have a warrant in Pennsylvania and get pulled over in another state, that officer can arrest you and hold you to be sent back to PA.

An active warrant on these databases means you could be arrested at any moment. It can happen during a minor speeding stop, at the airport, or during a routine background check for a new job.

How to Safely and Strategically Resolve Your PA Warrant

Ignoring an active warrant only makes the problem worse. When you are caught unexpectedly, you have very little control. Taking action on your own terms is always the best path forward.

Why You Can’t Just Fix It with a Phone Call

A lot of people think an attorney can make a warrant go away with a simple phone call. They hope to clear their name without ever showing up. But in almost all cases, that is not possible.

Under Pennsylvania law, you must generally surrender and address the issue directly in front of a judge. The judge will want to know why you missed court. Then they will decide whether to release you.

Turning Yourself In: Why Proactive Surrender is Safer

You have two choices when dealing with a warrant. You can wait to get caught, or you can turn yourself in voluntarily with an attorney by your side. Turning yourself in has massive advantages:

  • Voluntary Surrender (The Proactive Way): When you turn yourself in, the judge sees that you respect the court. Your attorney can plan the surrender with the court ahead of time. This ensures a judge is ready to hear your case right away. Your attorney can argue for your immediate release, sometimes on the very same day.
  • Being Arrested (The Risky Way): If you are arrested during a traffic stop, you will go straight to jail. You must wait until a judge is available. The prosecutor will argue that you ran from the law. The judge may set a much higher bail or hold you in jail without bail.

The 72-Hour Rule in Pennsylvania

If you are arrested on a bench warrant, Pennsylvania Rule of Criminal Procedure 150 protects your rights. The law says the court must hold a hearing within 72 hours of your arrest. If they fail to do so, the warrant expires, and you must be released.

But remember, this rule only helps you after you are put in handcuffs. While you are free, the warrant stays active.

Rare Clerical Errors

There are very rare times when an attorney can get a warrant lifted without you surrendering. This only happens if there was a clear clerical mistake by the court. Or it can happen if you had an extreme emergency that was completely out of your control. Your attorney must look at your specific court files to see if this is possible for you.

Why You Need a Pennsylvania Criminal Defense Attorney

Facing a warrant alone is scary. A skilled criminal defense lawyer can guide you through every step. Your lawyer will:

  • Investigate why the warrant was issued in the first place
  • File a motion asking the judge to lift or “quash” the warrant
  • Arrange a safe, quick surrender to minimize your time in jail
  • Argue for your release so you can go home to your family

Taking control of the situation with an attorney is the best way to protect your freedom and find peace of mind.

This information is for general educational purposes only and is not legal advice. Every case and warrant is different.

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