Do Warrants Have an Expiration Date?

No. A statute of limitations cuts off the state’s ability to bring criminal charges after a certain amount of time, usually five years in a misdemeanor and ten years in a felony. But once a case is filed, that case stays on the books until it’s resolved. The resolution process may take a few months or a few decades. More on that below.

Arrest warrants are noting to sneeze at. Both misdemeanors and felonies have severe direct and collateral consequences. Additionally, an unserved warrant is like a time bomb without a timer. Sooner or later, it explodes, but there’s no telling when and where. Additionally, drivers cannot renew their licenses if they have outstanding warrants, so the hole gets deeper.

A Marietta criminal defense lawyer reverses this process. Usually, if they have lawyers, defendants don’t need to go to court to lift their warrants. Moreover, in most cases, these defendants never see the inside of a jail cell. This “warrant lifting” process doesn’t make the case go away, but that’s okay. A Marietta criminal defense lawyer also helps in the long term, by building a strong defense.

Initial Arrest

This entire process begins with an arrest, which in most cases, officers make on the spot without a warrant. However, the constitution limits arrest powers. Officers must have reasonable suspicion to detain people and probable cause to arrest them. Drug possession, one of the most common criminal offenses in Cobb County, illustrates both phases.

Drug use has physical symptoms, such as bloodshot eyes. Furthermore, people who use drugs often have spoons, needles, and other paraphernalia. Drug houses also have physical symptoms, such as people entering the structure, staying briefly, and leaving. Additionally, police officer may use their experience to put the puzzle pieces together.

We should briefly point out that “I smelled marijuana,” the classic drug possession reasonable suspicion justification, is now in legal limbo. Hemp, which is physically identical to marijuana in every way, is legal.

Legally, reasonable suspicion is basically an evidence-based hunch. In practical terms, the officer’s subjective opinion that something was rotten in the state of Denmark is usually sufficient, unless other evidence suggests the officer was biased or otherwise unqualified to stop people.

Probable cause is the next step. In drug possession arrests, probable cause is a drug, or a drug-like substance, on the defendant’s person, in a vehicle, or in a dwelling or other building.

Unscientific “field tests” are usually sensory tests. It looks like, smells like, and tastes like drugs, so it must be drugs. Field test results are sufficient for probable cause, but the test results often don’t hold up in court. In 2019, sheriff’s deputies arrested a Georgia Southern student for drug possession. Scientific tests confirmed that the substance was bird poop.

Bench Warrants

Judges usually issue bench warrants if a defendant “skips” bail, a pejorative phrase which could mean breach of a technical bail requirement, like:

• Leaving the county,
• Falling behind on child support,
• Not working, or
• Failing to report a change of address.

Much more frequently, judges issue bench warrants because defendants don’t appear at a scheduled court date.

Arrest or bench warrants are never good things. However, the delay these warrants cause could benefit defendants down the road. More on that below.

A bench warrant is an arrest warrant on steroids. It’s basically a violation of a court order. Police officers take these matters very seriously.

However, bench warrants aren’t serious enough for officers to immediately serve them. Instead, in most cases, clerks enter bench warrant information into the computer. Then, during any subsequent law enforcement contact, the bench warrant pops up on the computer. That’s why the delay could be so long in these cases.

Defending Old Cases in Court

William Gladstone, who once remarked that “Justice delayed is justice denied,” was obviously not a criminal defense lawyer. Generally, delay hurts the party with the burden of proof. So, since the state has the burden of proof in criminal cases, delay is sometimes the best defense.

Turnover is a serious issue in law enforcement. Roughly a quarter of officers last at most thirty-six months. Since many outstanding warrant cases are at least three years old, as mentioned above, there’s a good chance the arresting officer is unavailable. Typically, if there is no police officer witness, there is no case.

Even if witnesses are available, they are often legally incompetent to testify. Police and civilian witnesses alike may use the offense report to refresh their memories. However, they must have some independent recollection. Frequently, as time goes by, these witnesses cannot recall details about the incident which aren’t in the report, such as the weather conditions at the time.

In these situations, judges sometimes allow prosecutors to introduce part of the offense report into the record. But these efforts are a longshot at best.

Because of these issues, prosecutors are usually willing to make a favorable deal. This deal often includes a plea to a lesser-included offense. Trials are always time-consuming and risky. Trials based on old cases are even more time-consuming and riskier. For most prosecutors, a bird in the hand is worth two in the bush. To them, a sure-fire conviction for a lesser included offense, such as reckless driving, is better than a possible conviction for a more serious offense, such as DUI.

Bench warrants last forever. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, jail, and after-hours visits are available.