What to Do If You Have a Warrant for Your Arrest: Understanding Illinois Safe-T Act Protocol
Having an arrest warrant issued against you can be a stressful and overwhelming experience. Whether you’ve just learned about the warrant or if the police are already at your door, understanding your rights and the steps you should take can help you avoid further complications. With the recent changes under Illinois' Safe-T Act, the process of arrest and pretrial detention has evolved. This post will explain what to do if you have an arrest warrant, how the Illinois Safe-T Act impacts the process, and how an experienced criminal defense attorney can help you navigate this complex system.
What Is an Arrest Warrant?
An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to arrest you based on probable cause that you have committed a crime. There are two primary types of arrest warrants in Illinois:
Bench Warrants – Issued when you fail to appear in court for a scheduled hearing or trial.
Arrest Warrants – Issued when the police have probable cause to believe you have committed a crime, often leading to a direct arrest.
What Happens If a Warrant Has Been Issued for Your Arrest?
Once a warrant is issued, law enforcement has the authority to arrest you at your home, at work, or in a public place. However, Illinois’ Safe-T Act, which took effect in 2023, has introduced significant changes to how arrests are handled, including how warrants are executed.
Under the Safe-T Act, no cash bail is required for many offenses, and the process of pretrial detention has shifted. While you can still be arrested for a warrant, the changes brought about by the Safe-T Act may impact your bail hearing and potential release.
What Should You Do If You Have an Arrest Warrant?
If you discover that a warrant has been issued for your arrest, it’s critical to take immediate action. Here are the key steps you should follow:
1. Do Not Ignore the Warrant
Ignoring an arrest warrant will only make things worse. A failure to appear or address the warrant can lead to additional charges, such as failure to appear or contempt of court. Under the Safe-T Act, if you fail to appear after a warrant has been issued, a judge will set a new hearing date and may issue an order for your arrest.
2. Contact an Attorney Immediately
It’s critical to contact an experienced criminal defense attorney as soon as you learn about the warrant. An attorney can:
Help you understand the charges against you and assess the strength of the case.
Provide advice on whether you should voluntarily turn yourself in or if it’s better to wait.
Negotiate with law enforcement to arrange for your surrender in a controlled, non-confrontational manner.
Help you understand how the Safe-T Act changes may affect your case and assist with a bail hearing if needed.
3. Plan Your Surrender
If you choose to turn yourself in, your attorney can help you coordinate your surrender with law enforcement. This can help minimize the disruption to your life and may demonstrate to the court that you are taking responsibility for your actions.
Under the Safe-T Act, after your surrender, the court will conduct a bail hearing in most cases to determine whether you should be released prior to trial. Unlike previous procedures, Illinois now has a presumption of release for most nonviolent offenders, meaning you may be eligible for release without posting bail.
4. Bail Hearing Under the Safe-T Act
The Safe-T Act eliminates cash bail for many offenses, which means judges will assess other factors—such as the risk to public safety or flight risk—when determining pretrial release. If you have an arrest warrant, your attorney will advocate for your release, especially if you are charged with a nonviolent offense. The judge will evaluate your eligibility for release without bail and set conditions like electronic monitoring, home confinement, or surrendering your passport.
5. Know Your Options for Release
Even if you are arrested, the Safe-T Act allows for more flexible release options:
Pretrial release without cash bail may be possible if the charges are nonviolent.
Pretrial detention may occur for serious violent offenses or if the judge deems you a flight risk or danger to the community.
If you are denied release, you may still have the opportunity to appeal the decision.
Possible Defenses and Legal Options
If you have an outstanding warrant, there may be options for defending yourself, including:
Challenging the validity of the warrant: If there was an issue with how the warrant was issued or if the police violated your rights during the process, your lawyer may be able to get the warrant voided.
Fighting the charges: Depending on the circumstances of your case, your attorney may be able to negotiate for a plea deal, reduce charges, or even have them dismissed.
Seeking alternatives to jail time: If arrested, your attorney may help arrange for alternatives such as diversion programs, community service, or house arrest.
Why You Need an Experienced Criminal Defense Attorney
An arrest warrant can lead to serious consequences, but having the right legal representation can make a significant difference in the outcome of your case. At the Law Offices of Richard Waller, we specialize in helping individuals who are facing arrest warrants and criminal charges. With our in-depth knowledge of the Safe-T Act and Illinois criminal law, we work to ensure your rights are protected and you receive a fair opportunity for release.
If you have a warrant for your arrest or have already been arrested, don’t wait. Contact us today for a free consultation to discuss your rights, the changes under the Safe-T Act, and your options moving forward.
