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Missouri Arrest & Search Warrants

By Kansas City Criminal Defense Attorney Gregory Watt

There are different types of arrest and search warrants. My intent is to provide this document as a general guide to Missouri search and arrest warrants.

This information is not intended to replace the advice of a face-to-face consultation with a member of The Watt Law Firm.

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How To Find Out if You Have an Arrest Warrant or Bench Warrant.

Missouri warrants are publicly available. Anyone with internet access can browse Casenet. With Casenet you can browse active arrest warrants.

How to search Casenet:

  1. Visit Casenet
  2. Search 'litigant name search'.
  3. Enter the last name of the person you want to search.
  4. Click on the case number.
  5. Use the tab for docket entries to find any warrants.
  6. Alternatives to an internet search are to call your local sheriff's department or county courthouse clerk.

If you have an active arrest warrant contact The Watt Law Firm immediately.

Arrest Warrants

Arrest warrants are orders issued by a Judge. Police officers have no discretion with Court orders, and they must take anyone who has a warrant for their arrest into custody. If you suspect you have a warrant for your arrest, it is recommended that you contact your local law enforcement agency, and inquire how you can take care of this warrant, and follow through immediately. Be aware that if you are stopped by a police officer, you will be arrested if you have a warrant for your arrest.

Arrest warrants will not go away. Once an arrest warrant is issued it is now a court matter. The best thing you can do is turn yourself in and not wait to be arrested and detained by police. Before turning yourself in contact The Watt Law Firm for a free consultation about your case.

The different types of arrest warrants.

  • Alias Warrant
  • Bench Warrant
  • Capias Warrant
  • Civil Capias Warrant
  • Fugitive Warrant
  • Governors Warrant
  • Municipal Warrant

Below I will describe each type of warrant. You can use the page content links to jump to any section.

Alias Warrant

If you fail to appear for your court date before any plea has been entered the court will issue an Alias Warrant.

An Alias Warrant will be issued if you fail to respond to a citation either in person or by mail.

With an Alias Warrant failure to appear will be added as a new criminal charge.

Bench Warrant

What's the difference between an arrest warrant and a bench warrant? An arrest warrant is typically issued by a judge on behalf of the prosecutor and/or law enforcement. A bench warrant is usually issued from the Judge's bench.

A judge will issue a bench warrant if you miss your court date.

On your court date, the judge will call for you. If you are absent the judge will issue a bench warrant for your arrest.  The bench warrant will be for 'failure to appear' in court.

Bench Warrants can go on your criminal background and/or DMV record.

A Bench Warrant can also be issued if you are currently on probation/parole and you are failing to meet the progress expected of you.

Do NOT ignore a bench warrant.

The biggest mistake you can make is to ignore a bench warrant.

Law enforcement can and will arrest you at your home, job, or during a traffic stop. If law enforcement arrests you during a traffic stop they can impound your vehicle.

The judge will also have reason to believe you wouldn't have appeared in the court of your own free will. The judge can issue additional fines and charges. Your bond can be increased or any bond you might have already paid could be forfeited. With more serious charges your bond may be revoked forcing you to stay imprisoned at least until your next court date.

It is also possible to have your driver's license revoked if you miss your court date.

These are situations you want to avoid due to serious consequences such as loss of employment, relationships, driver's license, home, and/or child custody.

Resolving a bench warrant.

Do not wait to be arrested. The best option for you is to turn yourself in and resolve the charges with the courts.

Before you turn yourself in call The Watt Law Firm to discuss your case. You want to have an attorney represent you before the police can get any kind of statement from you. If you do not get a tough lawyer before turning yourself in the police have many ways to try and get a statement from you without representation. Giving a statement without a lawyer present is a big mistake that can have serious consequences.

Capias Warrant

Capias Warrant is a type of bench warrant. It is usually proceeded by another arrest warrant. If you miss your court date or do not comply with a court order the judge can issue a Capias Warrant. Law enforcement will seek you out at your job, home or possibly arrest you during a routine traffic stop.

A Capias Warrant is to have law enforcement arrest and detain you to ensure you appear for your court date. If a judge believes you will not show up to the court date of your own free will they will issue a Capias Warrant.

Once issued the Capias Warrant will remain until the person is brought into custody or the judge cancels the writ.

A Capias Warrant can go on your criminal background record. If you come into contact with law enforcement in another jurisdiction they may arrest, detain and extradite you to the jurisdiction the Capias Warrant was issued. This is a lengthy process and can cause severe disruption to one's life.

If you believe you have a Capias Warrant for your arrest call Kansas City criminal defense lawyer Gregory Watt immediately for a free consultation.

Resolving a Capias Warrant.

The only way to resolve a Capias Warrant is to pay court fines in full and/or by being released from custody after "time served" by completing your sentence.

Civil Capias Warrant

A civil capias warrant is a special type of apprehension order, issued in civil court cases where the defendant repeatedly fails to comply with the judge's orders. These are also called Body Attachments and Mittimuses, and are slightly different from Criminal Warrants. A civil capias warrant is not the same as a criminal arrest warrant. The purpose of the civil capias warrant, in a contempt case, however, is to get a person into court for the hearing.

Fugitive Warrant

A fugitive warrant is sent from another state when the suspect is believed to be in another jurisdiction.

If you have a fugitive warrant local law enforcement will arrest you at home, at your job, or during a routine traffic stop. Local law enforcement will hold you until they can extradite you to the jurisdiction that issued the warrant. You will remain in custody until your court date. This can be a long process and you should be proactive by calling The Watt Law Firm to discuss your case.

Municipal Warrant

Municipal warrants are issued when defendants fail to appear for two scheduled court dates on municipal charges or when a defendant fails to comply with the payment plan agreed upon in court.

Governors Warrant

A Governor's Warrant comes from the Governor's office so the suspect, who has committed a crime in another state, may be arrested and extradited back to that state.

Search Warrant

A search warrant gives the officer authorization to search every location and for all of those items listed in the search warrant. Offices are required to provide you with (1) a copy of the warrant and (2) a list of items taken.

Fourth Amendment OF The U.S. Constitution

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

What is curtilage and why is it important?

Curtilage includes the area immediately surrounding the property and it is considered part of the home for many legal purposes including search (search warrants) and self-defense.

For example, an area around a home where daily activities are carried out such as the yard between the front door and the street or the backyard where pets and children play would be considered curtilage.

Gregory Watt In The News Discussing A Trial Based On The Fourth Amendment

If you or your loved ones are the subject of a criminal investigation, recently been arrested or in need of a Kansas City criminal defense attorney call GregoryWatt at (913) 433-3849 for help today.

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If you have recently been arrested and need criminal defense in Kansas City, MO. Call Gregory Watt at (913) 433-3849 for help today.

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