Learning that a warrant has been issued for your arrest is unsettling. Some people find out from a friend or family member, some see it on the court records website, and others only discover it when an officer approaches them during a routine traffic stop. Whatever the circumstances, a warrant will not resolve itself, and the steps you take next can affect whether you spend days in custody and how a judge views you once your case moves forward. Our criminal defense attorneys at Hogan Eickhoff help clients throughout Wisconsin address outstanding warrants in a way that protects their rights and minimizes disruption to their lives.
The Different Types of Warrants in Wisconsin
Not every warrant is the same, and the type of warrant issued in your case affects how it should be handled.
An arrest warrant on a criminal complaint is issued under Wisconsin Statute Section 968.04 when a judge reviews a complaint and finds probable cause to believe a crime was committed and that you committed it. In some cases, the judge may issue a summons ordering you to appear in court instead of a warrant, but a warrant authorizes law enforcement to take you into custody.
A bench warrant is issued under Wisconsin Statute Section 968.09 when a defendant fails to appear in court as required or violates a condition of their bond. Bench warrants are among the most common warrants in Wisconsin, and many arise from a single missed court date.
A search warrant, issued under Wisconsin Statute Section 968.12, is different from both. It authorizes officers to search a specific place for evidence. It does not by itself authorize your arrest, although an arrest may follow depending on what is found.
How to Find Out Whether You Have a Warrant
Many Wisconsin warrants connected to a filed case can be identified through Wisconsin Circuit Court Access, the public court records website formerly called CCAP. The clerk of court in the county where the case is pending may also be able to provide information. However, not every warrant appears in public records, particularly in the early stages of an investigation.
Contacting the police department directly to ask whether you have a warrant is generally not a good idea. Doing so may lead officers to come to your home or workplace to arrest you. A criminal defense attorney can confirm whether a warrant exists and gather details about it without putting you at risk of immediate arrest.
Why Waiting Makes the Situation Worse
Arrest warrants in Wisconsin generally remain in effect until they are served or recalled by the court. A warrant may be entered into law enforcement databases, which means a traffic stop, a minor accident, or a routine background check can lead to an arrest at the worst possible moment. If you are arrested late on a Friday, you may remain in custody until a judge is available to address bail.
A missed court date can also create new charges. If you were released on bond and intentionally failed to appear or comply with a condition of release, prosecutors may file a bail jumping charge under Wisconsin Statute Section 946.49. Bail jumping is a Class A misdemeanor when the underlying charge is a misdemeanor and a Class H felony when the underlying charge is a felony. Judges also tend to impose stricter release conditions on defendants who have missed court in the past.
How an Attorney Can Help You Resolve a Warrant
Addressing a warrant with legal counsel is very different from waiting to be picked up. An attorney can contact the court and the prosecutor, explain the circumstances, and in many cases file a motion asking the judge to vacate a bench warrant and set a new court date. When a voluntary surrender is necessary, your attorney can help arrange it at a time that allows for a prompt appearance before a judge, which reduces the time you spend in custody.
Your attorney can also prepare to argue for reasonable bail by presenting information about your employment, family, and community ties. Showing that you took responsibility by addressing the warrant voluntarily often makes a meaningful difference in how a judge responds.
Frequently Asked Questions
Can police enter my home to arrest me on a warrant?
Under the United States Supreme Court’s decision in Payton v. New York, an arrest warrant allows officers to enter your own home if they have reason to believe you are inside. Entering a third party’s home to find you generally requires a search warrant, as the Court held in Steagald v. United States.
What if I now live outside Wisconsin?
A Wisconsin warrant can lead to your arrest in another state if it has been entered into national databases. Whether Wisconsin seeks to bring you back depends largely on the seriousness of the charge. An attorney can explore whether the matter can be resolved without an arrest in your current state.
What if I missed court because I never received notice?
Bail jumping requires proof that you intentionally failed to comply with a bond condition. If you never received notice of the court date, that fact may be a defense to a bail jumping charge, and it is also information your attorney can present to the judge when asking the court to recall the warrant.
Contact Hogan Eickhoff to Address Your Warrant
An outstanding warrant hangs over every part of your daily life, but you do not have to face it alone. The criminal defense attorneys at Hogan Eickhoff can confirm the status of your warrant, communicate with the court on your behalf, and work to resolve the matter with as little disruption as possible. Call us at (920) 450-9800 or contact us online to schedule a free consultation. We represent clients in Appleton, throughout the Fox Valley, and across Wisconsin. Our lawyers defend various misdemeanors and felonies, including sex offenses, drug offenses, property crimes, domestic violence, and violent crimes.