At The McDaniel Law Firm, we know that having a warrant out for your arrest can be incredibly confusing and frightening. Our expert defense attorneys in Memphis will help you understand how this process works and determine your options. Once formally charged, our attorneys will work with you to develop an aggressive defense strategy that delivers the best possible outcome.
There are several different types of warrants and the type will determine IF it is possible for the warrant to be recalled without going into custody.
There are several different types of warrants and the type will determine IF it is possible for the warrant to be recalled without going into custody.
Types of Warrants that May POSSIBLY be Recalled:
Driving while License Suspended or Revoked: If an individual is charged with Driving while License Suspended or Revoked and misses court, a bench warrant will be issued for their arrest. Our attorneys may be able to take the person in to court and get the judge to recall the warrant. This is best done if the case can be resolved that day either by a fine and court costs or by compliance (showing the person now has their license reinstated). The court may also agree to give the person additional time to get in compliance.
Bench Warrant for Failure to Appear in Court: If a person misses a court date and a bench warrant is issued, it may be possible to take the person back into court and request the bench warrant be recalled. Some judges are more willing to recall a bench warrant than others. The reason the person missed court, nature of the charges and the length of time that has passed since the warrant was issued are some of the factors that may influence a judge’s willingness to recall a bench warrant.
Criminal Court Capias for Failure to Appear for Bond Arraignment: If an individual has a General Sessions court case that was “Held to State” or a Municipal Court case that was “Sent to Memphis,” the Criminal Court will mail a letter to their last known mailing address with a Bond Arraignment date. Many individuals do not receive these letters because they moved, or the address listed was incorrect. In these cases, an attorney may be able to take the person in to court and request the judge recall the Capias and put them back on the court docket. Many factors may influence whether or not the judge will agree to recall the warrant. These factors include the nature of the charges, the length of time since the case was “Held to State,” the length of time since the Capias was issued and any arrests since the original charge occurred.
Bench Warrant for Failure to Appear in Court: If a person misses a court date and a bench warrant is issued, it may be possible to take the person back into court and request the bench warrant be recalled. Some judges are more willing to recall a bench warrant than others. The reason the person missed court, nature of the charges and the length of time that has passed since the warrant was issued are some of the factors that may influence a judge’s willingness to recall a bench warrant.
Criminal Court Capias for Failure to Appear for Bond Arraignment: If an individual has a General Sessions court case that was “Held to State” or a Municipal Court case that was “Sent to Memphis,” the Criminal Court will mail a letter to their last known mailing address with a Bond Arraignment date. Many individuals do not receive these letters because they moved, or the address listed was incorrect. In these cases, an attorney may be able to take the person in to court and request the judge recall the Capias and put them back on the court docket. Many factors may influence whether or not the judge will agree to recall the warrant. These factors include the nature of the charges, the length of time since the case was “Held to State,” the length of time since the Capias was issued and any arrests since the original charge occurred.
Types of Warrants that CANNOT be Recalled:
Apart from the above instances, any other type of warrant signed by a judge CANNOT be recalled. The individual MUST surrender on the warrant and will be booked and processed into the Shelby County Jail at Jail Annex, 201 Poplar Avenue (or at Jail East for females). It can take an average of 12-24 hours before a bond can be posted. First time offenders take longer because they are not in the system yet. Our attorneys can help guide individuals through this process and in some cases, may be able to contact a Judicial Commissioner to request a reduced bond, potentially saving the person a significant amount of money required to post bail.
Do I Have a Warrant in Shelby County, Tennessee?
You can check the Shelby County Sheriff’s Office Warrant Information Service to see if there are any outstanding warrants for your arrest: warrants.shelby-sherriff.org
Certain Grand Jury Indictment warrants will NOT show up in this system as they are “secret indictments.” Most people learn of these after a warrant officer attempts to locate them at a residence or business. In either case, no one will be able to give you information regarding the specific allegations of the charge. The warrant may show a date that it was signed but this may be months or even years after the date of incident, usually due to investigation or if the alleged victim did not press charges until a later date. Once charged, our attorneys will be able to get more specific details so that they can begin defense strategy in your case.
Certain Grand Jury Indictment warrants will NOT show up in this system as they are “secret indictments.” Most people learn of these after a warrant officer attempts to locate them at a residence or business. In either case, no one will be able to give you information regarding the specific allegations of the charge. The warrant may show a date that it was signed but this may be months or even years after the date of incident, usually due to investigation or if the alleged victim did not press charges until a later date. Once charged, our attorneys will be able to get more specific details so that they can begin defense strategy in your case.
Protect Your Future With a Strong Defense
The McDaniel Law Firm has 37 years of experience representing clients with outstanding warrants. We will work with the individual and their family/friends throughout this process We provide personalized service and work diligently to provide you the strongest defense on your underlying charges in order to achieve the very best possible outcome for your case.
Call The McDaniel Law Firm to discuss your case or to schedule a Free Consultation – 901-527-6518