Chicago Criminal Lawyer Blog
If you just found out there is a warrant for your arrest, do not ignore it, do not panic, and do not walk into a police station and start talking. Those are three of the most important things I can tell you. I have been handling criminal cases in Illinois for more than 34 years, and I have seen people make their situation much worse because they reacted before they understood what they were dealing with. Some people immediately call the police and start asking questions. Others go directly to the police station because they think turning themselves in as quickly as possible is the responsible thing to do. Some decide to do nothing and hope the warrant eventually disappears. All three approaches can create problems. If there is a warrant for your arrest, the first thing you need is information. The second thing you need is a plan. You should know why the warrant was issued, what case it involves, what court issued it, what may happen when you appear before a judge, and what can be done before you surrender. That is where an experienced criminal defense lawyer can make a real difference.
Do Not Pretend the Warrant Is Going to Go Away
Let me start with the biggest mistake. Ignoring an arrest warrant is usually a terrible idea. A warrant can sit there waiting for you. You may go weeks or months without anything happening and start believing that nobody cares about it. Then you get stopped for speeding. The police officer runs your name. A few minutes later, you are in handcuffs. Or police officers show up at your house. Or they come to your workplace. Or you have contact with law enforcement over something completely unrelated and suddenly discover that you are being taken into custody because of an old warrant. When you ignore a warrant, you give up control over when and how the arrest takes place. I would much rather deal with a warrant on our terms than wait for the police to decide when they are going to deal with it.
Find Out Why the Warrant Was Issued
Not every warrant is the same. A judge may issue a warrant because criminal charges have been filed against you. A warrant may be issued because you missed a court date. It may involve an alleged probation violation. There may have been a mistake involving notice of a court date. There may be an old case that you thought had already been resolved. Until I know exactly why the warrant was issued, I cannot tell a client the smartest way to handle it. When someone contacts me about an outstanding warrant, I want answers.
-What court issued the warrant?
-What county is the case in?
-What is the case number?
-What are the charges?
-When was the warrant issued?
-Was it issued because of new charges or because of a missed court date?
-Has the prosecutor already filed anything asking that the person be detained?
These details matter. A warrant involving a missed court date on an existing case is very different from an arrest warrant connected to newly filed felony charges. There is no intelligent way to handle both situations exactly the same.
Make Sure There Really Is a Warrant
I have had people call me because somebody told them there was a warrant for their arrest. Sometimes that information is correct. Sometimes it is not. Do not make major decisions based on rumors, secondhand information, or some questionable internet search. The warrant needs to be verified. Depending on the case, that may involve checking court records, contacting the Circuit Clerk, reviewing the court file, or determining whether the Sheriff’s Department has an active warrant. I would also be very careful about calling the police yourself and announcing that you heard there might be a warrant. You do not know what information the police have. You do not know whether they are investigating you. You do not know whether they are trying to locate you. And you certainly do not know whether the officer on the other end of the telephone is going to start asking questions about the underlying case. That is not a conversation you should stumble into unprepared.
Do Not Go to the Police Station and Start Explaining Yourself
This is another mistake I see people make. They think: “If I just go down there and explain what happened, they will understand.” Maybe. But probably not. And usually not. If the police have obtained a warrant, there may already be a criminal investigation underway. They may have witness statements. They may have surveillance video. They may have text messages, social media records, photographs, body-camera footage, physical evidence, or statements from other people involved in the case. You probably have no idea what is in their file. But they may know exactly what they want to ask you. That is a dangerous situation. People sometimes hurt their own cases because they are desperate to convince the police that they did nothing wrong. They talk too much. They guess. They try to explain inconsistencies. They answer questions they did not need to answer. They give the police information the police did not previously have. Do not do that. You have a right to remain silent. You have a right to a lawyer. Use those rights. Being polite and cooperative does not mean you have to give the police a statement about the case.
Call a Criminal Defense Lawyer Before You Surrender
If there is an active warrant, I generally want to know everything I can know before my client walks into a police station or courthouse. That means investigating the warrant first.
-I want to know what the charge is.
-I want to know where the case is pending.
-I want to know what caused the warrant to issue.
-I want to know what the prosecutor is likely to ask for.
-I want to know what arguments I may be able to make for my client’s release.
-And I want to know whether there is anything I can do to address the warrant before my client is arrested.
-Depending on the situation, a lawyer may be able to contact the prosecutor, communicate with the court, arrange a court date, file a motion, request that a warrant be quashed, or arrange a voluntary surrender.
-Sometimes the person will still have to be taken into custody.
-Sometimes there are other options.
But walking in blind is rarely the approach I prefer.
Can I Get the Warrant Quashed?
This is one of the first questions people ask me. The answer is: sometimes. When lawyers talk about “quashing” a warrant, we are generally talking about asking the judge to cancel or recall the warrant. Whether that can happen depends heavily on why the warrant was issued. For example, suppose you had a pending criminal case and missed court because notice was sent to an old address. That presents a very different situation from a warrant issued after prosecutors filed a new felony case. There are also cases involving misunderstandings, paperwork problems, failures to receive notice, medical emergencies, or other circumstances that may explain why someone failed to appear. I am not saying a judge will automatically quash the warrant. I am saying the circumstances matter. The correct approach is to find out what happened and then decide whether there is a legitimate basis to ask the judge to recall the warrant.
Illinois Does Not Have the Old Cash-Bail System Anymore
Illinois eliminated traditional cash bail. That does not mean a judge cannot keep someone in custody while a criminal case is pending. In certain qualifying cases, the State may file a petition asking the judge to detain the defendant before trial. The prosecution may argue, depending on the circumstances, that the defendant poses a threat to a specific person or the community or that there is a significant risk that the person will not appear in court. This makes the way you handle an outstanding warrant even more important. Suppose you discover that a warrant exists, immediately hire a lawyer, make arrangements to deal with it, and voluntarily appear. Compare that to someone who knows about the warrant, spends months avoiding it, and eventually gets arrested after police locate him. Those are very different circumstances for a defense lawyer to discuss with a judge.
Voluntarily surrendering does not guarantee that you will be released. But how you respond after learning about the warrant can become part of the overall picture presented to the court.
If You Have to Surrender, Prepare Before You Do It
Sometimes surrender is unavoidable. If that is the situation, prepare. Do not wait until the morning you are supposed to surrender to start figuring out what happens to your children, your job, your car, your medication, or your other responsibilities. Handle those issues beforehand. Tell someone you trust where you are going. Do not carry unnecessary property with you. Make sure your lawyer knows exactly when and where you are surrendering. Most importantly, do not create a second problem while trying to deal with the first one. Do not run. Do not resist. Do not argue with police officers on the street. Do not decide that the moment you are being arrested is the time to prove your innocence. That battle belongs in court.
I have never seen a criminal case improve because somebody decided to argue the entire case with the arresting officer while being placed in handcuffs.
Resolving the Warrant Does Not Resolve the Criminal Case
This is another important point. Getting the warrant quashed or appearing in court does not necessarily make the underlying criminal charge disappear. Once the warrant has been addressed, I turn my attention to the actual case. What evidence does the prosecution have? Was the search legal? Was the traffic stop legal? Did the police have probable cause? Were statements obtained in violation of the defendant’s constitutional rights? Are the witnesses credible? Do the police reports match the videos? Are there text messages or electronic records that tell a different story? Is there forensic evidence? What does that evidence actually prove? Those are the questions that matter. I do not assume the police report is accurate simply because a police officer wrote it. I do not assume a witness is telling the truth simply because the State intends to call that person as a witness. And I do not assume the prosecution can prove its case merely because charges have been filed. Charges are just accusations. The State still has to prove its case.
Do Not Help Build the Case Against Yourself
If there is one thing I want people to remember from this article, it is this: You do not have to help the police prosecute you. You do not need to explain everything. You do not need to answer investigative questions. You do not need to convince a detective that you are innocent. You do not need to waive your rights because you are afraid that asking for a lawyer will “look guilty.” Your constitutional rights exist for a reason. Use them. I have represented criminal defendants for more than three decades. One of the hardest things to undo is a damaging statement a client gave police before calling me. Once the words are out of your mouth, I cannot put them back.
Call me first.
What I Would Do If You Called Me About an Arrest Warrant
My first goal would be to determine exactly what we are dealing with. I would want to identify the warrant, the court, the charge, and the circumstances surrounding the case. Then we can discuss the practical questions: Do you have to surrender? Can we go directly to court? Can we ask the judge to quash the warrant? Is the State likely to seek detention? What should we expect at the first court appearance? What should you do before appearing? What should you absolutely not do? There is no magic answer that applies to every warrant. There is, however, a big difference between dealing with the problem strategically and simply waiting for the police to come looking for you.
If There Is a Warrant for Your Arrest, Deal With It Before It Deals With You
An arrest warrant is serious. But panicking is not a strategy. Hiding is not a strategy. Calling the police and talking your way into a worse situation is definitely not a strategy. Find out what the warrant is for. Find out what case you are dealing with. Talk to an experienced criminal defense lawyer. Then make a plan. The biggest advantage you may have when you learn about a warrant before being arrested is time. Use that time intelligently.
Contact Illinois Criminal Defense Lawyer James Dimeas
If you have discovered that there is a warrant for your arrest in Chicago, Cook County, DuPage County, Kane County, Lake County, or elsewhere in northeastern Illinois, contact me before you decide what to do. I have been defending people accused of crimes in Illinois for more than 34 years. I know that receiving news about an arrest warrant is frightening. I also know that making decisions based on fear can cause people to make mistakes that follow them throughout the case. My job is to find out what happened, determine what we are facing, protect your rights, and put you in the best position possible before you appear in front of a judge.
I have been named a Top 100 Criminal Defense Lawyer in Illinois by the American Society of Legal Advocates and a Top 100 Criminal Defense Trial Lawyer by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys has given me its Top 10 Attorney Award for Illinois. Expertise has recognized me as a Best DUI Attorney and a Best Criminal Defense Lawyer in Chicago, and AVVO has rated me “Superb.”
If there is a warrant for your arrest, you can call me personally at 847-807-7405 for a free and confidential consultation. Your future is too important to leave to chance. Let me help you take control of your situation and move forward with confidence.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling criminal cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you need a criminal defense attorney in Kane County, Chicago, Cook County, DuPage County, or Lake County, you can contact James Dimeas anytime for a free and confidential consultation. You can talk to James Dimeas personally by calling him at 847-807-7405.
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