How to Recall an Indiana Arrest Warrant by Criminal Attorney Jeff Cardella

How to Recall an Indiana Arrest Warrant by Criminal Attorney Jeff Cardella

How to Recall an Indiana Arrest Warrant by Criminal Attorney Jeff Cardella

If you have an open arrest warrant in Indiana and are in need of a top-tier criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience and taught criminal law at the IU School of Law.

If you think you have an Indiana arrest warrant, you can do a free warrant search for Indiana warrants at www.mycase.in.gov

An arrest warrant or bench warrant can be issued for several reasons. The most common reasons for an open warrant are the filing of new criminal charges, a missed court date, a probation violation, or a pretrial release violation.

Having an open arrest warrant can be extremely stressful. Law enforcement could arrive at your home or place of work to execute the arrest warrant. Also, if you have any interaction with law enforcement, even a speeding ticket, the warrant will be executed.

In many cases, having an arrest warrant recalled is actually much easier than people realize. Below, we will discuss how to recall an Indiana Arrest Warrant.

My office has been recognized as one of the Ten Best Law Firms in the State of Indiana by the American Institute of Criminal Law Attorneys, I was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, my office has been recognized as one of the Top 10 Law Firms in the State of Indiana by the American Association of Attorney Advocates, and I have been recognized as one of the Top 10 Criminal Defense Attorneys in the State under the age of forty by the National Academy of Criminal Defense Attorneys. I taught criminal law at the Indiana University School of Law and served as a Judge pro tem in Indiana. I filed the Federal Class Action lawsuit of Washington v. Marion County Prosecutor, in which Indiana’s vehicle forfeiture statute was held to be unconstitutional, under the Due Process clause of the US Constitution. I also co-authored the amicus brief for the United States Supreme Court case of Timbs v. State of Indiana, in which the United States Supreme Court held that Indiana’s attempts at forfeiture were unconstitutional under the Excessive Fines clause of the US Constitution. I handled over a dozen successful lawsuits against the Indiana Department of Corrections, challenging solitary confinement procedures under the Due Process Clause of the US Constitution. I also filed several successful lawsuits against the Indianapolis Metropolitan Police Department for arrests that violated the First Amendment of the US Constitution. Additionally, I have represented a fellow criminal defense attorney, a Metro Police Officer, and two former Sheriff’s deputies after they were arrested and accused of illegal activity. As members of the legal community, these individuals spend a great deal of time in Court and have first hand experience with many different criminal lawyers. These individuals, having familiarity with many different criminal attorneys, were aware of the high quality of legal representation that I provide and trusted me to serve as their Indiana criminal defense lawyer. You can find additional information about my career as an Indiana criminal defense attorney and cases that I have handled on my In the News page.

Criminal Attorney Jeff Cardella explains how to recall an Indiana Arrest Warrant

In my experience as an Indiana criminal defense lawyer, in many cases, getting an open arrest warrant recalled is much easier than most people realize. There are 3 basic steps I suggest that an attorney take when a client has an open arrest warrant.

(1) File a motion to have the arrest warrant recalled

(2) File a motion for a combined bond review and warrant surrender

(3) As a last resort, turn yourself in on the arrest warrant

Additional Suggestions for an Open Indiana Arrest Warrant

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(1) File a Motion to have the Arrest Warrant Recalled

If you have an open warrant, the first step that your Indiana criminal defense attorney will pursue is filing a motion with the Court asking that the warrant be recalled. Obviously, it will be up to the Judge to decide whether or not to recall the warrant, but in my experience as an Indiana criminal defense lawyer, filing this motion is successful in many cases. Whether the Judge decides to recall the bench warrant will depend on a number of factors, including the seriousness of the underlying allegation, how long the warrant has been active, and your criminal history.

In many cases, if your Indiana criminal defense lawyer files a motion to recall the warrant, the Judge knows that (1) you are aware of the case and are taking it seriously, (2) you have hired an attorney, and (3) you are likely to appear for future court dates. As a practical matter, people generally do not hire a criminal defense lawyer if they plan to go on the run, so merely hiring an attorney often indicates to a Judge that you are not a flight risk. In many cases, this motion will be granted without you having to appear in court.

Filing a motion to have the warrant recalled is the first step your criminal defense attorney will take when you have an open warrant. If the request to recall the arrest warrant is denied, the second step your criminal defense attorney will take is to file a motion for a combined bond review and warrant surrender.

(2) File a Motion for a Combined Bond Review and Warrant Surrender

If the Court has denied your request to recall the arrest warrant, the second option your Indiana criminal defense attorney will pursue is filing a motion for a combined bond review and warrant surrender. Please note, this motion does involve certain risks and should be pursued only after a motion to recall the warrant has been denied.

For this motion, your criminal defense lawyer is asking the Judge to set a court date where two things will occur at the same time. First, you will surrender yourself to the Court on the open warrant. Second, the Judge will immediately conduct a bond review.

This has several advantages over turning yourself in.

First, if the Judge decides to release you on your own recognizance, you can merely walk out of court without spending a minute in jail.

Second, even if the Judge does set a bond , this will happen immediately. This allows the bond to posted quicker and allows you to be released from jail much sooner, sometimes the same day.

If your Indiana criminal defense attorney has filed a motion for a combined bond review and warrant surrender, it is important that you notify at least one friend or family member. It is generally best to have this person come to court with you. If you are released on your own recognizance, you can merely walk out of court. However, if the Judge does set a bond, it is important to have a friend with you in Court so that they can pay the bond as soon as possible.

(3) Last Resort – Turn Yourself in on the Open Warrant

If the Court has denied the request to recall the arrest warrant, and the Court has also denied the request for a combined bond review and warrant surrender, then your last resort is to turn yourself in on the open warrant. However, this is a last resort and you should not turn yourself in on the arrest warrant until after speaking with an Indiana criminal defense attorney.

Turning yourself in on the warrant has several disadvantages.

First, this will generally result in incarceration for a period of time. This may only be for a few days, or it may be for a much longer period of time. However, it is very likely that you will be incarcerated for a minimum of a few days.

Second, you will likely spend several days in jail just waiting for a bond review. Even if the Judge decides to release you on your own recognizance, you will have spent several days in jail waiting for this decision. By this time, you may have already lost your employment.

Third, if the Judge orders pretrial release conditions (GPS, alcohol monitoring, home detention, etc…) you will sometimes be held until a community corrections device becomes available. As a criminal defense attorney, I have seen several situations where a Judge ordered someone to be released with GPS monitoring, and the person was held an extra week while they waited for community corrections to come to the jail with a GPS bracelet.

Turning yourself in on a warrant is a last resort and if you are going to pursue this option, it is important to have your affairs in order before doing so. Make sure to notify a friend or family member as well as your employer.

Additional Suggestions for an Open Indiana Arrest Warrant

1. Be prepared to show that the client is not a flight risk. The court will consider whether the client is a flight risk when deciding whether to recall the warrant. You can show that there is not a flight risk by providing the court with proof of ties to the community, such as a job, a home, or family members who live in the area.

2. Be prepared to show that the client is not a danger to the community. The court will also consider whether the client is a danger to the community when deciding whether to recall the warrant. You can show that there is not a danger to the community by providing the court with proof that there is no history of violence or that the client is currently receiving treatment for any mental health os substance abuse issues.

3. Be prepared to show that the client had a good reason for not appearing in court. If the warrant was issued for a failure to appear, provide a good reason for the client not appearing in court when the warrant was issued.

Contact My Office for a Free Consultation

Call me for a free consultation to discuss your case if you have questions about an open arrest warrant.

Phone: 317-695-7700

Email: jeffcardella@cardellalawoffice.com

I handle cases throughout all of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:

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