Expiration of Arrest Warrants

Warrants can be served at any time by any law enforcement officer.

In the United States, most arrest warrants do not expire. Only in some states do misdemeanor warrants expire, though they can be reissued.

Warrants

A warrant for arrest is issued by a state once there is an indictment and a judge decides that it is probable that the accused committed a crime. Bench warrants are a type of arrest warrant that permits immediate on-sight arrest of a suspect, and are usually for people who have missed previous court dates.

Language

A warrant must have the name (or when the name is unknown, an accurate and detailed physical description) of the person believed to have committed the crime, detail a specific crime, have the date and place where the warrant was issued, state bail, order the suspect to appear before the court that issued the warrant and be signed by a clerk or judge.

Recall

While arrest warrants do not expire, they may be recalled. Judges may recall a warrant if they decide that there is not enough evidence for a case to continue. Bench warrants can be recalled if the accused voluntary schedules a court date.

Reissue

In some states, such as Indiana, warrants for misdemeanors expire after 180 days. Sheriffs should return expired warrants to the court that issued them, and prosecuting attorneys can request that a new warrant be issued. Judges occasionally do not reissue warrants on the grounds of insufficient evidence.

Duration

Warrants are active for a person's entire life. Charges will only be dropped after the accused has been proven dead (or, as previously stated, in certain recall situations).

References

• Arrest Warrants
• Bench Warrant Recall Law & Legal Definition