Arrest Warrants and Surrender

Arrest Warrants and Surrender

In Maryland, if you learn that there is a warrant for your arrest, you have to decide whether you want to surrender yourself lay low and hope to avoid being arrested.  If you choose the latter, and end up being arrested, it will probably be at a time that is not very convenient for you, you’ll wear the bracelets, get a ride in a police car, get to model one or another vibrant color of jumpers, and you may spend hours, or even overnight in jail waiting for your initial court appearance.  If you surrender, you can do it at a time of your choosing, and you can make arrangements for it to go as smoothly as possible.

Whether you choose to surrender or wait to be arrested, remember that once you’re with the police, DON’T ANSWER ANY QUESTIONS other than to identify yourself.  Don’t explain, don’t describe, DON’T SAY ANYTHING other than “My name is X, I believe there is a warrant for my arrest issued in [Baltimore City, Baltimore County, whatever].”  When the police try to draw you out, as if they need more information “to locate the warrant,” don’t tell them anything more.  They’ll try to get you to make statements about whatever incident resulted in the warrant being issued, and they’ll use those statements against you in court.  The only time you will answer questions again is when the District Court commissioner asks, “Why should I let you out without requiring bail?”  See below on that subject.

In my opinion, it is better to surrender with an attorney’s assistance.  An attorney can assist you by, a) attempting to have the warrant recalled, and if that doesn’t work, b) working behind the scenes to help you surrender to the court that issued the warrant (discussed below) in the least traumatic manner.  If you don’t have a case number an attorney can use to file a motion to recall the warrant, or the attorney isn’t able to obtain the case number from the State’s Attorney, your only choice is to surrender.  If you were thinking of laying low until a trial date is set, and then appearing in court, bear in mind that in some circumstances a trial date won’t be set until you are arrested, creating a more or less perpetual arrest warrant. 

In Maryland, the court that issued the warrant is typically the District Court of the location where the crime occurred.  The best way to surrender to that court is by going to the police precinct nearest the courthouse.  You can surrender at any police precinct, but if you go to the one nearest the court that issued the warrant you’ll probably be processed through the whole ordeal more quickly.  If you really can’t bear the idea of sitting for a few hours in someplace like Baltimore City Central Booking, go to a quiet backwater such as the Walker Avenue precinct in Baltimore County.

When you consider surrender, an attorney can assist you, first, by trying to negotiate a recall of the warrant (if a State’s Attorney has been assigned to the case), which may spare you from having to appear at all, much less spend time in a holding cell (unless it’s a felony charge – you will have to appear personally for that).  If the arrest warrant is related to a newly filed charge, it probably won’t be assigned to a State’s Attorney until you are arrested and a trial date is set, so there’s no State’s Attorney to negotiate with.  In that case, an attorney can file, or help you file, a motion to recall the warrant.  It can take days or more for such a motion to get before a judge.  Most judges will rule on the motion based on what is in the motion, period.  Some judges, for some motions, will set a hearing, but that’s unusual. 

If you have an attorney, they will be notified if a hearing is set for the motion, they can appear on your behalf, and if successful on the motion they will get a copy of the order recalling the warrant, which they will give to you.  Some judges will require you to be present at the hearing on the motion so that if it’s granted you can sign a summons (which establishes that you received notice of your trial date, paving the way for a bench warrant if you fail to appear), and if it’s not granted you can be taken into custody.  If the motion is granted, you will carry the recall order with you everywhere you go for the next week so that if you are stopped by the police you can prove the warrant was recalled.

If recalling the warrant succeeds, make damned sure you keep track of your hearing date and make sure you appear.  If you succeed in having an arrest warrant recalled, and then fail to appear for the hearing or trial, you will have destroyed your credibility with the judge and won’t be given the benefit of the doubt again.  Some judges will punish you for having let them down.

If recalling the warrant fails and you decide to surrender, you need to prepare.  In preparation for surrender, you should gather together identification, proof of residence, proof of employment (such as pay stubs), proof of day care or family care obligations, and have arranged access to some funds in case you need to pay bail.  Put all documents in a sturdy envelope.  Leave your cell phone at home or it may be searched by the police.  A bondsman mays save you from having to come up with the full bail amount, but will charge a hefty fee.  If you have children, day care issues, or family care issues, bring proof of such to show why you need to be processed out as quickly as possible (but make alternative arrangements if at all possible).  Whatever papers you gather, put them into a sturdy envelope.

You should plan to turn yourself in on a mid-week morning to maximize your chances of getting before a commissioner/judge promptly.  On the weekend, you might get before a commissioner fairly quickly, but if they set bail higher than you can pay (or get a bond for), you will sit in jail until Monday.

Once you turn yourself in, within a few hours you should be before a commissioner or a judge for bail to be set.  Another advantage of surrendering, rather than hoping not to be arrested, is that you are demonstrating, at some personal cost (time, freedom, discomfort), that you are not a flight risk nor a danger to the community – that you will appear when told to.

In Maryland, you have the right to have your attorney present at your initial bail hearing (before a commissioner) and your bail review (before a judge).  If possible, arrange to have your attorney present when you go before the commissioner.  If you can’t arrange that, and bail is set higher than you can afford, arrange to have your attorney present during your bail review hearing (if you remain in custody after your hearing with the commissioner, you should be given a bail review before a judge within 24 hours).  In both cases, an attorney can help by trying to negotiate a lower bail or an OR (own recognizance) release.  If you are comfortable speaking on your own behalf, or if your attorney’s schedule prohibits them from being present at one or both of the hearings, your attorney can tell you what to say at the hearings (you will talk about your need to keep your job, to support your family, to care for your children, your ties to the community, etc.). 

Part of why preparing for your surrender is so important (rather than waiting to be arrested), is that you will have already spoken with your attorney, coordinated their availability, and have with you proof of your residence, employment, etc., which will help you convince a commissioner or judge that you are an upstanding citizen who will appear at court when told to.  Still, whether you get bail or OR release will depend on your record (violent or nonviolent crimes, failures to appear, etc.) and the nature of your current charges.  Unless there is a public safety issue, bail is supposed to be set at the minimum amount that will assure you will appear for your hearing.

Violations of probation (VOP) are another matter.  You will probably remain in jail until you are brought before the judge whose probation you violated, which could be several days or longer.