Sometimes an arrest warrant does not have to end in an arrest.
Home › Memphis Criminal Defense › Warrants
Memphis Warrant Attorney
Do you have a warrant? Whether it's an arrest warrant for a new criminal case or a bench warrant for missing court, Attorney Jason Balestrini can advise you on the best course to take. If you have an arrest warrant, be aware that the warrant will have to be executed. You will either spend time in jail until you bond out or receive a citation in lieu of arrest. If you have a bench warrant for missing court, Jason handles the motion to recall them, and the goal is resolving it without his client spending unnecessary time in custody.
When a warrant is executed, a bail hearing typically follows. Learn about bail hearings and bond reduction →
Have a warrant in Collierville or Germantown? Collierville warrant defense → | Germantown warrant defense →
Know Which One You Have
People use these interchangeably and they are not the same. What you have determines what can be done about it.
Look at the paperwork, or call and tell us what you were told. The difference between a bench warrant and an arrest warrant changes the entire approach.
The Thing Most People Do Not Know Is Possible
An outstanding arrest warrant does not always have to end with you in handcuffs. Tennessee law allows a criminal summons to be issued in place of an arrest warrant, and in the right case that conversion can be obtained after the warrant already exists.
Under Rule 4 of the Tennessee Rules of Criminal Procedure, the District Attorney General can direct the clerk to issue a criminal summons rather than a warrant. That is the first place the request goes.
When the answer there is no, Tenn. Code Ann. § 40-6-215 allows a magistrate, judge, or clerk to issue a criminal summons as an alternative to an arrest warrant. That is the second route, and it is where most of the work happens.
This is possible because the case has not yet been assigned by the clerk’s office. Once it is assigned, the window narrows considerably.
It is not limited to misdemeanors. It is rare, it takes real work, and the system is not built to make it easy. For that reason it is not a standard-fee service and it is quoted case by case.
A criminal summons is the same form as an arrest warrant except that it orders you to appear at a stated time and place, and it carries a notice in block letters stating it was issued in lieu of an arrest warrant. Signing it is not an admission of guilt.
Your Attorney
Attorney · Tennessee Bar · Practicing Since 2011
Attorney Jason Balestrini's practice is dedicated exclusively to criminal law in Shelby County, and warrant cases are among his most handled matters. He regularly files motions to recall bench warrants without his clients spending unnecessary time in custody, and he knows exactly how to navigate the surrender process when an arrest warrant has to be executed.
Jason knows how the Shelby County fugitive squad operates, how prosecutors approach warrant cases, and how magistrates tend to handle bond at surrender. When you call him before turning yourself in, you go in with a plan: negotiated bond, prepared representation from the first moment of arrest, and no statements made to police that can be used against you later. That preparation makes a real difference in how your case starts.
Common Questions
Sometimes. Tennessee law allows a criminal summons to be issued instead of an arrest warrant. Under Rule 4 of the Tennessee Rules of Criminal Procedure the District Attorney General can direct the clerk to issue one, and under Tenn. Code Ann. section 40-6-215 a magistrate, judge, or clerk can issue a summons as an alternative to a warrant. It is rare, it takes real work, and it is quoted case by case.
A citation is written by an officer at the scene, usually on a misdemeanor, instead of taking you in. A criminal summons is issued by the court and orders you to appear at a stated time. Neither involves an arrest, and both still require you to report for booking and processing.
It is not limited to misdemeanors and we have done it on felony cases. It depends heavily on the charge, the facts, and the timing, and it is far from automatic.
Because the case has not yet been assigned by the clerk's office. Once it is assigned the window narrows considerably, which is why this is a call to make immediately rather than after you have thought about it for a week.
Failing to appear in court is a separate criminal offense regardless of how the underlying charge is resolved, and failing to appear for booking and processing is also a separate offense. Either one results in an arrest warrant.
Warrants come in two general varieties: arrest warrants and bench warrants. Arrest warrants are legal documents that order law enforcement agencies to arrest the named person without delay. Arrest warrants come about in one of two ways: an affidavit of complaint or an indictment.
Arrest warrants differ from bench warrants in that they are acted upon quite swiftly. If your warrant was issued at the request of law enforcement, chances are they will waste no time in pursuing you. An arrest warrant allows officers to arrest you at any time of the day, anywhere, regardless of your guilt.
Anyone facing an arrest warrant should seek legal representation immediately. At the time an arrest warrant is issued, the police have already obtained enough evidence to charge you. This means you are already behind in seeking and preserving evidence beneficial to protecting your liberty. Any statements you make following your arrest can be used against you later. The sensible thing to do is ask for an attorney and make no statements at all until you can speak with one.
A bench warrant is a warrant issued by a Shelby County judge, generally because a defendant failed to appear for their court case. These types of warrants are much easier for a Memphis warrant attorney to set aside than arrest warrants. If you have a bench warrant, you will absolutely need an attorney to submit yourself to court and request that the court recall the warrant.
An affidavit of complaint is a charging instrument used to obtain an arrest warrant. This document must put forth the essential facts which constitute probable cause that a crime has occurred. Generally, if an officer personally witnesses a crime take place, he may make an arrest without a warrant, complete an affidavit of complaint, and submit that document to a judge or magistrate for review. If the judge agrees that probable cause existed, they will sign the arrest warrant ordering continued detention and set a bond.
Tennessee statutes lay out an exception in the case of domestic violence. If an individual witnesses a domestic violence incident, they may make themselves the affiant for an affidavit of complaint and the officer must make an arrest based upon that witness's statements.
An indictment is a document filed by the district attorney after a grand jury has reviewed a case and returned a true bill. An indictment may be sought either before or after arrest. If an arrest is made first, the case begins in general sessions court. If the matter is not resolved in general sessions, the case proceeds to a grand jury where an indictment is sought.
If no arrest is made prior to indictment, the process is referred to as a "secret indictment." Secret indictments are generally sought when the police or district attorney does not want the suspect to know they are being investigated. All federal cases are by secret indictment. If the grand jury returns a true bill, it is turned into an indictment, filed with the court, and a judge issues an arrest warrant called a capias and sets the bond. If the grand jury returns a "no true bill," no indictment is filed and no warrant is issued.
There are a couple of ways to find out. If the warrant has been published to the public, you may go to the Shelby County warrant website and enter your information, or you may contact the Shelby County fugitive squad and ask. If the warrant has not been published, as in a secret indictment, you will need a Memphis warrant attorney to contact the Shelby County fugitive squad or the District Attorney's office on your behalf.
While possible, it is very difficult to avoid arrest once a Memphis arrest warrant has been issued. However, if some evidence exists that concretely exonerates you, contact a Memphis warrant attorney immediately. It is possible that an attorney may be able to contact the district attorney, present that evidence, and have the warrant set aside. Otherwise, you will need to go with that attorney to turn yourself in. With an attorney present during surrender, it may be possible to negotiate a lower bond so you get out of jail much easier and quicker.
Get a Memphis attorney. This cannot be stressed enough. If you have a warrant, the police are looking for you. Best case scenario: we can get them to stop looking for you. Worst case scenario: we can negotiate the terms of your surrender. Either way, you need counsel before you make any decisions.
Call us and we can usually tell you over the phone. Otherwise, ask yourself whether you have missed a court date. If you have, chances are it is a bench warrant. If you have had no pending court dates, chances are it's an arrest warrant for a new charge.
No matter the type of warrant, you are going to need an attorney at some point. The sooner you retain one, the better. It's a sad day when a defendant turns himself in without the advice of an attorney, only to provide further evidence for the police to prove their case, or to watch evidence dissipate due to the delay of retaining an attorney. Don't let that be you.
Call today or contact us online. No commitment required.