How to Recall an Indiana Arrest Warrant

If you have an active warrant in Indiana it is essential to take immediate action. An outstanding warrant can result in an unexpected arrest, legal complications, and even difficulties securing employment or housing. Addressing the issue as soon as possible can help protect your rights and make sure you have a more favorable outcome. At Banks & Brower, we focus on criminal defense and have extensive experience in helping clients remove warrants in Indianapolis and throughout Indiana.

What does it mean to “recall a warrant”?

Recalling a warrant means formally requesting the court to remove or cancel an active warrant against you. This process prevents law enforcement from arresting you and allows you to resolve the legal matter in a more controlled environment.

In Indiana, there are several types of warrants, including:

• Bench Warrants – Issued when a defendant fails to appear in court, often for minor offenses such as traffic violations or misdemeanor charges. These can lead to an automatic arrest at any time if left unresolved.
• Arrest Warrants – Issued when law enforcement has probable cause to charge someone with a crime, usually after an investigation. These warrants can result in an individual being taken into custody without prior notice.
• Search Warrants – Granted to law enforcement to search a specific location for evidence related to a crime. While not directly leading to an arrest, search warrants can uncover evidence that results in further charges.
• Failure to Appear Warrants – Specifically for missed court dates, which can lead to additional charges and increased penalties, including higher fines or extended jail time.

An active warrant indicates that law enforcement has power to take someone into custody. Removing a warrant calls for legal action to show the court that the warrant is unreasonable, superfluous, or can be replaced with another action.

Steps to recall a warrant in Indiana

Having a warrant does not limit choices. The warrant might be revoked with the correct legal technique. The important actions to take are as follows:

1. Determine the type of warrant issued

Before taking any action, knowing what kind of warrant has been issued is crucial. This information can be checked online through Indiana’s MyCase website or by consulting an attorney to verify the details. Understanding whether the warrant stems from a missed court appearance, a criminal charge, or a procedural issue will help shape the appropriate legal strategy.

2. File a motion to remove the warrant

In most cases, a motion must be filed with the court requesting that the warrant be lifted. This legal document typically includes:

• The reasons why the warrant should be recalled. This could include procedural errors, misunderstandings, or a change in circumstances that renders the warrant unnecessary.
• An explanation of any extenuating circumstances. For example, if the warrant resulted from missing a court date due to hospitalization, travel conflicts, or lack of proper notification, this should be documented and presented to the court.
• Evidence that supports the request. Documents such as medical records, travel confirmations, or court notices can serve as proof that the warrant should be reconsidered and possibly recalled.

3. Schedule a hearing with the court

Once the motion is filed, the court may schedule a hearing. At this hearing, your attorney will present arguments to justify lifting the warrant. Depending on the circumstances, the judge may:

• Grant the motion and quash and remove the warrant immediately, removing any risk of arrest.
• Deny the motion, requiring further legal action or compliance with court orders.
• Modify the warrant, allowing for an alternative resolution, such as posting bail instead of being taken into custody.

4. Consider voluntary surrender (if necessary)

Sometimes the best strategy is a coordinated surrender to law enforcement accompanied by legal representation. This can demonstrate to the court that a responsible resolution of the matter is under progress and could lead to a more favorable outcome like alternative sentencing or lowered bail.

Consequences of an outstanding warrant

Failing to address a warrant can lead to severe legal and personal consequences. Some of the most significant risks include:

• Immediate Arrest – Law enforcement can detain an individual at any time, including at home, work, or during a routine traffic stop. This can be an embarrassing and distressing experience, particularly if it occurs in public or in front of family members or colleagues.
• Additional Charges – If the warrant is related to a failure to appear, added penalties such as contempt of court can be imposed. These penalties may include extended probation, increased fines, or even additional jail time.
• Employment and Housing Challenges – Many employers and landlords conduct background checks, and an outstanding warrant can affect job prospects or housing applications. Even if the charge is minor, having an unresolved warrant on record may be viewed as a red flag by potential employers or property managers.
• Bail Increase or Denial – A judge may impose stricter bail conditions or deny bail entirely for failing to resolve a warrant promptly. This could mean a longer stay in custody while awaiting court proceedings and additional legal expenses.

When to get legal help?

Legal assistance should be sought as soon as an active warrant is discovered. A criminal defense attorney can assess the case and determine the best strategy to have the warrant recalled.

Indicators that legal representation is urgently needed:

• A scheduled court date was missed, and there is fear of arrest.
• A notification has been received regarding an active warrant.
• Law enforcement has attempted to make contact regarding an investigation.
• Assistance is required to file a motion to recall a warrant effectively.

Speak to an Experienced Criminal Defense Attorney Today

For those facing an outstanding warrant in Indiana, taking prompt legal action is crucial. At Banks & Brower, we have successfully helped numerous clients quash warrants and manage the legal system with confidence. Contact us today for a consultation and let our criminal defense attorneys help protect your rights and future.