A warrant is a document that authorizes law enforcement officers to perform certain acts that would otherwise be illegal or violate an individual’s civil rights. It is typically issued by a court when a crime is alleged to have been committed to aid police investigation and facilitate the criminal justice process.
There are different types of warrants in Illinois, but they may be collectively referred to as domestic violence warrants when they are issued in domestic violence cases.
Each type of warrant serves different purposes and has different legal implications. If you’re facing domestic violence charges or you’ve been accused of domestic abuse, any of those warrants may be issued against you at any time, and you may be taken into police custody depending on the specific circumstances. As such, it is important that you’re aware of how those warrants work so that you can take the appropriate action to protect yourself.
This guide discusses the types of domestic violence warrants in Illinois to keep you informed and explains how a criminal defense attorney may be able to help you deal with one. Keep reading to learn more.
There are three types of warrants a judge may issue in a domestic violence case. The different categories are discussed in detail below.
The Fourth Amendment to the U.S. Constitution protects Americans from unlawful searches and seizures by law enforcement.
However, during a criminal investigation, the police may need to search the accused person’s property, including their phone, home, car, or anything else in their possession. A search warrant issued by a judge would allow them to search lawfully without breaching the accused person’s constitutional rights.
If you’ve been accused of domestic violence and the police want to search your possessions or premises, you may request to see the search warrant issued in that regard. You’ll be within your right to refuse them entry if there’s none.
However, there are circumstances in which the police may legally search without a warrant. If a search was conducted on your premises or belongings without a warrant, a Skilled Criminal Attorney in Rockford, IL, can help you understand those circumstances and help you determine if the said search was lawful.
A warrant of arrest is an order issued by a judge directing the police to arrest a specific person.
Generally, in criminal cases, an arrest warrant is obtained after the victim of the crime files a complaint about the offense with the police. If the police find probable cause (or a serious reason) to believe that the offense was committed, they will obtain an arrest warrant to apprehend the offender and take them into custody for questioning.
However, the Illinois Domestic Violence Act permits law enforcement officers to make arrests without a warrant if ;
The arresting officer has good reason to believe that the person has committed or is committing a crime
The affected person has violated an order of protection
The person has been charged with domestic violence and has violated a condition of their pretrial release or bail bond.
If an arrest warrant has been issued against you, you’ll likely face criminal charges once the warrant is executed and you are taken into custody. At that point, anything you say or do could be used against you at your criminal trial. As such, it is important that you secure the legal services of an Illinois Criminal Defense Lawyer to represent you while you’re in police custody. They can guide you and prevent you from making mistakes that could cost you your freedom in the long run.
Unlike the above types of warrants, Illinois Bench Warrants are issued by judges without the prompting of a police officer. This warrant targets those who have disobeyed a court rule or violated a court order regardless of whether or not they are facing criminal charges and directs law enforcement officers to immediately arrest the person named on the warrant.
For example, if you are arrested for committing domestic violence, you may be granted bail after posting a bond or fulfilling any other requirements. However, being granted bail does not mean that any charges against you have been dropped or dismissed. It only means that you do not have to remain in police custody while your trial is ongoing. You’ll still need to appear in court on the date fixed for your trial and any subsequent court dates.
If you’ve failed to appear in court or otherwise violate the conditions of your bail/bond, the judge may issue a bench warrant against you.
Once a warrant with your name is put out, police officers are authorized to carry out the instructions specified in the warrant. This includes conducting searches at your home, confiscating relevant evidence, and arresting you. The warrant may also be sent to several police stations across Illinois, informing them that you are a threat.
Domestic violence arrest warrants do not expire until the subject of the warrant is located. If you evade arrest or the police fail to find you, the warrant will remain active until you die unless the judge quashes or recalls it.
The bottom line is that a domestic violence warrant will not go away even if you ignore it. If you’re aware that a warrant has been issued against you, you need to take steps to resolve the situation so you’re not taken unawares. Speak with a criminal defense lawyer in Illinois to learn how.
A domestic violence warrant is a threat to your freedom and, more often than not, leads to serious criminal charges. However, dealing with these warrants alone could be difficult because of the legalities involved. You may need to get a criminal defense lawyer to represent you and ensure the warrant does not lead to an undesirable outcome.
Your lawyer can help your case in several ways, including the following:
If you’ve been detained via an arrest warrant, they can help you navigate the procedure for bail if you do not remain in custody for two long
In certain cases, your lawyer may be able to get your warrant quashed or recalled so you do not have to live with the fear of getting arrested at every turn.
If your case proceeds to trial, your lawyer can defend you and work to ensure that you get the best possible outcome in your case.
Domestic violence warrants allow Illinois police officers to investigate domestic violence cases and enforce court orders. However, they are not required in all cases, and you could still be arrested or charged without one.
In any case, dealing with domestic violence charges is difficult, regardless of whether or not a warrant was issued against you. You could end up in prison for a long time if convicted. As such, you must do all you can to defend yourself from the time you’re arrested and throughout your trial.
Our competent domestic violence attorneys and criminal defense lawyers can represent and defend you in this difficult time. We understand that a lot is at stake, and we are prepared to fight for your rights and do all we can to ensure that you emerge from your trial with as minimal liability as possible.
Many alleged victims wrongly initiate domestic violence proceedings for their selfish reasons. If that is your case, we are here to help so you do not suffer wrongly due to the unjust accusations of another.
Contact us today to learn more about your case and get started with your defense.