Bail is a fundamental part of our justice system, and defendants are entitled to a bail hearing as a legal right. Defendants rely on friends or family to bail them out, but what happens if a loved one has a warrant out for their arrest? Can they still post bail? A lawyer can help you determine what to do.

While there are no laws prohibiting someone from posting bail because of a warrant, you still might run into problems. Generally, if there is a warrant out for your arrest, you can be taken into custody when to enter court property to post bail. Whether this actually happens depends on the warrant and your circumstances. An attorney can help you learn whether you have any warrants and what to do about them.

Call the Liberty Law Team at (215) 826-3314 and get a free, confidential case assessment from our Philadelphia criminal defense lawyers.

Bailing Someone Out of Jail When You Have a Warrant

When a defendant is locked up after being criminally charged, they cannot bail themselves out. Someone else must go to the court and post bail on the defendant’s behalf. If that person has outstanding warrants, they might encounter trouble.

You are allowed to bail someone out even if you have a warrant out for your arrest. The court will not turn down perfectly valid money for someone’s bail just because you have a warrant. However, individuals posting bail must present identification, and the court may discover outstanding warrants and take action.

You may encounter legal complications when posting bail. Generally, people with outstanding warrants may be taken into custody when they visit court for any reason. This means that if the court realizes you have outstanding warrants, you could be taken into custody.

Will I Be Arrested if I Post Bail and I Have a Warrant in Philadelphia?

While you can be arrested if there is a warrant in your name, arrests do not always happen. Our Philadelphia criminal defense attorneys may be able to help you clear the warrant in other ways so you can post bail without worry.

A warrant for your arrest might be a standard arrest warrant or a bench warrant. Standard arrest warrants may be issued when someone is suspected of committing a crime, and the police tend to execute them quickly.

Bench warrants are often issued when someone misses a court date, and they are less urgent. Many people with outstanding warrants have bench warrants.

Bench warrants can result in arrest, but they do not have to. If you have a warrant, you may be able to contact the court before you try to post someone’s bail and reschedule your court date, thereby lifting the warrant.

It is also possible that the police will choose not to arrest you. Warrants that are old or related to mundane, non-violent cases sometimes do not lead to an arrest. Someone at the court might inform you of the warrant and advise you on whom to contact.

How to Post Bail in Philadelphia

If you have never had to post bail before, you might be completely unfamiliar with how the process works. If you are posting bail for a friend or family member who has been charged with a crime, their criminal defense lawyer may be able to help you.

If you have a warrant or worry a warrant might be out there, explain your situation to the lawyer. An attorney can review the details of the warrant and determine if it is okay for you to enter the court to post bail.

Bail may be posted at the Bail Acceptance Office in the Criminal Justice Center in Philadelphia. The office is always open, so you can post bail at any time, day or night. You must provide a valid form of identification and be prepared to pay in cash or a bank cashier’s check.

If you have a warrant and are worried about posting bail, try to find a friend or family member who you know does not have a warrant and ask them to help.

How Do I Know if I Have a Warrant in Philadelphia?

Many people do not realize they have a warrant until they encounter the police and are arrested. If you suspect you might have a warrant, talk to an attorney about what you can do before posting bail for a friend or family member.

Were you ever arrested or charged with a crime in the past and never went to court? If that sounds familiar, there might be a bench warrant for your arrest. Remember, bench warrants are not issued for new crimes, and they are often not regarded as very urgent by the police. Many people go years with bench warrants out for their arrests before they realize what has happened.

If you are the subject of an ongoing criminal investigation, there might be an arrest warrant for you. This is more serious, as arrest warrants tend to be executed quickly, especially when the alleged offense is serious or violent. In such a case, an arrest at the courthouse when you go to post bail may be more likely.

How an Attorney Can Help You with Bail and Your Warrant

Before going to court to post bail, consider consulting with an attorney about any potential outstanding warrants. In many cases, warrants can be cleared or lifted without an arrest, and you can post bail for your loved one more easily.

First, a lawyer can advise you on how bail works and how much money you have to pay, if any. They can also check for outstanding warrants and try to have them lifted before you post bail. This might be as simple as rescheduling missed court dates.

If bail is more than you can afford, an attorney can fight for a reduced bail amount, making it less of a problem to post bail.

Contact Our Philadelphia Criminal Defense Lawyers to Discuss Your Situation

Call the Liberty Law Team at (215) 826-3314 and get a free, confidential case assessment from our Montgomery County, PA criminal defense lawyers.