Knowing the police have a warrant with your name on it can be upsetting and confusing. What can they do? Are you supposed to turn yourself in? Will you go to jail? Do you need a lawyer?
Warrants give law enforcement authority to arrest you, search property, or take specific legal actions—but the good news is that they still have to follow Michigan law and the U.S. Constitution.
What Is a Warrant?
A warrant is a legal document signed by a judge or magistrate. It gives law enforcement permission to take an action that would otherwise violate your rights. For example, the Fourth Amendment protects you from unreasonable searches and seizures. The police usually can’t search your home without either your consent or a valid warrant.
Every warrant must be supported by probable cause. Probable cause means that law enforcement reasonably believes a crime has been committed and that you’re connected to it.
Types of Warrants
There are several types of warrants you might encounter. Here are the most common types:
- Arrest warrants: Arrest warrants allow police to take you into custody for committing a crime. Judges issue arrest warrants based on sworn complaints or evidence.
- Bench warrants: These warrants are issued when you fail to appear in court or disobey a court order. For example, the court might issue a bench warrant if you miss a hearing or violate probation.
- Search warrants: Search warrants allow police to search a specific place for evidence related to a crime. Judges can issue a search warrant when law enforcement provides sworn testimony showing probable cause.
Knowing which type of warrant you have affects what happens next and what rights you can exercise.
How Police Get a Warrant
Police can’t just decide they want to search your home or arrest you and then call it a warrant. They must go to a judge or magistrate and present evidence showing probable cause. This evidence is usually given in the form of an affidavit. An affidavit is sworn testimony, and in this case, describes why the warrant is justified.
Judges carefully review warrant requests. The judge must deny it if the evidence doesn’t meet the legal standard.
What Happens If There’s a Warrant Against You?
When a warrant is active, police can act on it. That means you could be arrested at home, at work, or during a traffic stop. Similarly, a search warrant allows the police to enter the location listed in the document and look for the specific items listed.
Warrants don’t give law enforcement unlimited power. For example, if police have a warrant to search your garage, they can’t decide to search your entire house unless the warrant explicitly says they can. They also don’t have the right to search your home unless they have a separate search warrant or certain exceptions apply.
What To Do If You Think There’s a Warrant Out for You
If you know there’s a warrant out for you, do not ignore it—that will only make the situation worse. Instead, you should proactively address it through the court system. Contacting an attorney, verifying that the warrant exists, and following their advice can prevent an arrest at an inconvenient moment.
Like in any criminal matter, you still have rights. If police execute a warrant, don’t resist. Instead, stay calm. Exercise your rights to an attorney and to remain silent. Anything you say or do could later affect your case, so having legal guidance can help.
Learn More From an Experienced Michigan Criminal Defense Lawyer
Dealing with a warrant in Michigan is serious, but an attorney can help. The Law Office of Jodi L. Hemingway, PLLC, can protect your rights and explain what to do next. Contact us today to start resolving your case.
