If you know that there is a warrant out for your arrest, you should usually turn yourself in. However, when and how this is done depends on the specific circumstances. However, in all situations, you should speak with a North Carolina criminal defense attorney before doing anything.
Why Turning Yourself In May Make Sense
If you have an outstanding arrest warrant, have been contacted by police requesting that you come in, or have been informed that charges have been filed, voluntary surrender is certainly something to consider. You can’t get out of trouble by just not turning yourself in; eventually, the police will find you and you will get arrested. This could be at your job, in front of your family, or when you’re out in public, which can be embarrassing and damage relationships.
Turning yourself in also shows the court that you are cooperating and willing to take responsibility for the situation. This can be helpful going forward when it comes to plea deals and sentencing if it gets to that point.
Should You Talk to the Police Before Turning Yourself In?
No. You are not required to answer investigators’ questions simply because they have asked you to come in or because they have reached out to you directly. Anything you say to law enforcement can potentially be used against you, even if the conversation feels informal or like you are simply clearing something up. Before you speak with anyone in law enforcement, exercise your right to remain silent and request an attorney. That applies before you surrender, during the surrender, and after.
What Happens When You Turn Yourself In?
Once you surrender, you will go through the standard booking process, which includes fingerprinting, photographs, and basic personal information. From there you will be brought before a judge or magistrate for an initial appearance, usually within 24 to 48 hours, but often way sooner than that. At that hearing, the judge or magistrate will determine whether you are eligible for bond and what conditions, if any, apply to your pretrial release.
How an Attorney Can Help Before You Surrender
Having legal representation before you turn yourself in is really important. They can prepare you for the process and make sure you’re protected. Here’s how they can help:
Confirming Whether a Warrant Exists
Before you turn yourself in, it’s important to know if there’s actually a warrant out for your arrest. If the police just suspect you of something and are trying to get you to speak with them by asking you to come in, that’s very different than a warrant being issued. You do not have any obligation to speak with the police at that point.
Arranging a Voluntary Surrender
Rather than walking into a police station without any coordination, an attorney can often arrange a surrender at an agreed-upon time and location. This can reduce unnecessary delays and confusion.
Advocating for Bond
The initial appearance before a judge is where bond is determined. An attorney can present information supporting your release and advocate for reasonable conditions, which can significantly affect whether you go home or remain in custody while your case moves forward.
Protecting Your Rights
Your attorney will advise you before you are questioned by the police, and they can be with you when that questioning occurs. What you say can be used against you, so your lawyer will make sure you don’t say anything that’s going to harm your defense.
If you believe there is a warrant for your arrest or law enforcement has reached out to you, don’t try to handle it alone. Even if you truly believe you did nothing wrong, it isn’t always as simple ask just telling the police what happened and “clearing things up.” Always speak with a criminal defense lawyer first; call our firm today to schedule your free consultation.