In the state of Delaware, a warrant for your arrest means a law enforcement officer has the right to take you into custody wherever you are. You could be out to dinner with your family, working hard at your job, or studying for an exam at school. At any moment you could be arrested and taken to jail.
Having an outstanding warrant for arrest means:
- The person named on the warrant is accused of a crime
- The law enforcement agency that is on the case is expected to arrest the subject
- The police have permission to invade your home, work, school, and life
Police officers are sworn in to protect and serve the community. If you are a threat to the community in any way they will put you in jail.
If you believe that you or somebody that you know has an active arrest warrant, we recommend that you do a Delaware warrant search to know for sure so that you can take action on your own terms.
Outstanding Warrants in Delaware
If a person has an outstanding, or active, arrest warrant in the state of Delaware it means that there is a court-ordered action against them that demands that they are brought to jail to face charges.
What you can do if you learn you have an arrest warrant or a bench warrant:
- Contact an attorney and devise a plan to deal with it
- Contact a bail bondsman to ensure your release if granted bail
- Contact the courthouse to see if you can nullify the warrant without going to jail
Depending on the severity of the crime you are accused of, or the type of warrant that has been issued against you there could be different ways to satisfy the legal matter than having to go to jail. However, warrants do not simply go away, they have to be addressed.
Types of Warrants in Delaware
In the state of Delaware, there are three basic warrant types that give law enforcement permission to arrest, detain, or search a person.
- Search warrant
- Arrest warrant
- Bench warrant
Since warrants are official court documents that involve citizens they are considered public information. A bench warrant and an arrest warrant are considered public documents as soon as they are issued. A search warrant, on the other hand, is not considered public information until after it is executed.
When warrants are written up and signed by a judge they are done so in a private without any official announcement. Most of the time the person named on the warrant has no idea that it is being issued until they are arrested, or searched.
Warrants are created and issued as part of the court process. They are the same in the manner as they are official documents of the court, however, each warrant will have its own unique details regarding the actions that are to be executed in order to satisfy the warrant.
Warrant Records Search
Search Warrants in Delaware
In the state of Delaware when a judge signs a search warrant into effect, it gives law enforcement the right to search the body and the premises of the person named on the warrant. Although the Fourth Amendment is in place so that citizens can be protected from unnecessary and illegal searches by aggressive law enforcement officers, the issue of public safety is always a priority.
The federal law carries its own amount of influence throughout the United States but the state of Delaware has its own crimes and criminal procedure that is supposed to hold both police and citizens accountable for their actions.
In any event, in order for the evidence that is discovered in the event of a search, the stipulations listed within the warrant must be carried out within the boundaries of the law. Otherwise, all the evidence found can be tossed out.
There must be enough probable cause present in order to merit the issuance of a search warrant by a judge. The judge must be a neutral party in the situation that encompasses the action of the search warrant.
Reasons that justify a search warrant can be situations such as:
- Probable possession of stolen articles
- Probable involvement in criminal activities such as sales of illegal drugs
- Probable possession of material that depicts the abuse of children
When a search warrant is created it includes specific details of who is to be searched and where the police can search when they execute the warrant. If the police fail to search the correct individual or search outside of the boundaries listed in the warrant the search can be deemed illegal and a savvy lawyer will be able to help the defendant have any evidence found suppressed in court.
Arrest Warrants in Delaware
There are a couple of different ways that a law enforcement agency can request a judge to issue an arrest warrant.
- Directly request the judge
- File charges with the DA
Officers may ask a judge to issue a warrant for the arrest of an individual without official charges filed in the event that a weekend or a holiday is coming up. Since the courts do not operate on weekends and holidays the police have an option to contact a judge personally and ask them to issue a warrant on the grounds of probable cause.
In most cases, an arrest warrant is issued after the district attorney officially files charges against an individual. Once there are charges against a person the DA will bring the file to the judge and request an arrest warrant.
Once an arrest warrant is signed into action, any law enforcement officer can legally arrest and detain the person named in the warrant without question.
Arrest warrants are not necessary in the state of Delaware if an individual is:
- Witnessed in the action of criminal activity by the police
- Witnessed in the action of criminal activity by a citizen the calls police
- In the vicinity of a crime scene where police find probable cause for arrest
Arrest warrants do not expire after a certain amount of time, they stay active until the subject is brought to justice, they die, or the judge purposefully signs the warrant off.
Bench Warrants in Delaware
A judge will sign a bench warrant into action directly from the bench in the courtroom. When a person has a bench warrant filed against them it is because they failed to meet a direct order from the court.
The main reasons why people have bench warrants are:
- Because they failed to show up at a court hearing on a specific day
- Because they did not pay a fine on time
- Because they did not show up for a court sentence
A bench warrant is much like an arrest warrant because it gives police permission to arrest and detain the person named in a warrant. However, when a bench warrant is issued it is due to a court case that is already in progress. An arrest warrant is issued because the person named in it is wanted to face charges in the court system.
Regular Warrant Searches Will Provide Knowledge
We mentioned above that when the court issues a warrant it is between the court officials and the law enforcement officials. The person named on the warrant is not included in the planning of the warrant. What this means is that a person can have an outstanding warrant and not know that it even exists. Conducting a comprehensive warrant search will provide you with information that could save you from an embarrassing arrest with a trip to jail. The Internet has given people a useful tool in the aid of knowledge. Use it.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.