If you think you may have an arrest warrant in Nashville, do not ignore the possibility or rely on rumors. A Tennessee arrest warrant can be executed in any county in the state, and an officer does not have to physically possess the warrant at the moment of arrest. The safest approach is to verify the situation through the appropriate Davidson County court records or with the help of a criminal defense lawyer and then make a plan for addressing the warrant.
The right place to check depends on why you think a warrant exists. A new criminal warrant, a failure-to-appear warrant, a probation violation warrant, and a capias issued after indictment can arise through different parts of the court system. Knowing the type of warrant helps determine what happens next.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is an Arrest Warrant in Tennessee?
Under Tennessee Rule of Criminal Procedure 4, a magistrate or clerk may issue an arrest warrant when an affidavit of complaint and supporting information establish probable cause to believe that an offense was committed and that the defendant committed it.
The warrant identifies the defendant, the county in which it was issued, and the charged offense, and it directs law enforcement to arrest the defendant and bring the person before the appropriate magistrate.
Can a Nashville Warrant Be Served Outside Davidson County?
Yes. Tennessee Rule of Criminal Procedure 4 provides that an arrest warrant may be executed in any Tennessee county. Leaving Davidson County therefore does not make a Davidson County warrant disappear.
The rule also states that an officer does not need to have the physical warrant in hand when making the arrest. If the officer does not have it, the officer must inform the defendant of the charged offense and that a warrant has been issued, and must show the warrant as soon as possible if requested.
How Can I Find Out Whether I Have a Warrant?
The most reliable method depends on the court and type of warrant. If you know you missed a Davidson County General Sessions criminal court date, the General Sessions Criminal Clerk can provide information about the failure to appear and the procedure for seeking a set-aside. If you know the case has already reached Criminal Court, the Criminal Court Clerk’s records may be the appropriate place to check.
A criminal defense lawyer can also review the available court information, identify the case associated with the warrant, and determine whether the warrant can be addressed through counsel or whether a surrender and bond process needs to be arranged.
What If I Missed a Court Date?
Missing court is a common reason a warrant is issued. Tennessee Rule of Criminal Procedure 4 requires a warrant when a defendant fails to appear in response to a criminal summons.
Davidson County General Sessions Court publishes a specific procedure for missed criminal court dates. The court states that a Set Aside for Failure to Appear is required in General Sessions and directs people to the General Sessions Criminal Clerk’s Office to obtain the necessary warrant copy and set-aside form. Whether a judge will sign the set-aside is a separate question.
Can a Failure-to-Appear Warrant Be Set Aside?
In Davidson County General Sessions Court, there is a published process for requesting that a failure to appear be set aside. The court states that if Pretrial Services or a bonding company is involved, the person must provide a signed statement agreeing to remain on the bond, and the set-aside order must be taken to a judge for signature.
This procedure applies to General Sessions cases. A warrant arising in Criminal Court, from a probation violation, or from another procedural posture may require a different approach.
What If the Warrant Is for a New Criminal Charge?
A new-charge warrant is different from a failure-to-appear warrant. The warrant is based on an affidavit alleging a criminal offense and a finding of probable cause. After arrest on a pre-indictment warrant, Tennessee Rule of Criminal Procedure 5 generally requires that the arrested person be taken without unnecessary delay before the appropriate magistrate.
Depending on the charge and circumstances, bond may already be set or may need to be addressed through the court. Before surrendering, it can be useful to determine the charge, bond status, and whether any other warrants or holds exist.
What If It Is a Probation Violation Warrant?
A probation violation warrant can create a different release problem from an ordinary new-charge warrant. The underlying probation case, the alleged violation, the type of sentence, and the judge’s orders all matter.
If you believe a probation violation warrant exists, do not assume that posting bond on a new charge will resolve the probation matter. Each case and hold needs to be identified separately.
Will the Police Tell Me Over the Phone If I Have a Warrant?
Policies and the information available by phone can vary. More importantly, simply calling a random law-enforcement number may not tell you what kind of warrant exists, what case it belongs to, whether bond is set, or what court action is needed.
The goal should be more than confirming the word “warrant.” You want to identify the case number or warrant number, the underlying allegation, the issuing court, bond status, and the safest lawful way to address it.
Should I Turn Myself In If I Have a Warrant?
A warrant should be addressed rather than ignored, but the logistics should be planned when possible. Davidson County General Sessions Court publishes information for people who need to turn themselves in, and the appropriate approach can depend on the type of warrant.
Before surrendering, a lawyer may be able to determine whether a set-aside request, bond arrangement, court appearance, or other procedure is available. If surrender is necessary, planning can reduce uncertainty about where to go and what may happen after booking.
Can a Lawyer Get a Warrant Recalled Without Me Going to Jail?
Sometimes a warrant can be addressed without the person remaining in jail, but there is no universal rule. A General Sessions failure to appear may present a different opportunity from a new felony warrant, probation violation warrant, or Criminal Court capias.
Whether a judge will recall, set aside, or otherwise address a warrant depends on the authority for the warrant and the facts of the case. No lawyer should promise that a warrant can be removed without arrest before reviewing the actual case.
What Should I Do If I Think I Have a Warrant?
Do not create a second problem by fleeing, giving false information to law enforcement, or ignoring court notices. Gather whatever information you have about the underlying case, including the county, court date, charge, case number, and any paperwork.
Then verify the warrant through the appropriate court system or counsel. Once the warrant is identified, the next questions are whether bond is available, whether a set-aside or recall procedure exists, and how quickly the underlying case needs to be addressed.
Frequently Asked Questions
Can a Davidson County warrant arrest me in another Tennessee county?
Yes. Tennessee Rule of Criminal Procedure 4 allows an arrest warrant to be executed in any Tennessee county.
Does the officer have to show me the warrant before arresting me?
No. The officer does not have to possess the warrant at the time of arrest, but if it is not in the officer’s possession, the officer must inform you of the offense charged and that a warrant has been issued and show it as soon as possible if requested.
Will missing court cause a warrant?
It can. Tennessee rules require a warrant when a defendant fails to appear in response to a criminal summons, and Davidson County General Sessions has a published failure-to-appear set-aside procedure.
Can I get a Nashville failure-to-appear warrant set aside?
Davidson County General Sessions Court provides a procedure for requesting a set-aside, but the order requires judicial approval and the process can differ in other courts.
Should I just wait and see if the police come for me?
Ignoring a known or suspected warrant can make planning more difficult. Identifying the warrant and addressing it through the proper court process is generally better than waiting for an unexpected arrest.
Talk With a Nashville Criminal Defense Lawyer
A warrant is easier to deal with when you know exactly what it is. The important questions are why the warrant was issued, which court issued it, whether bond is available, whether another hold exists, and whether there is a procedure to ask the court to set it aside or recall it.
Kevin Kennedy Law Firm represents people facing criminal charges and warrants in Nashville and Middle Tennessee. If you believe you have an outstanding warrant, a defense lawyer can investigate the court status and help determine the appropriate next step.
Related page: Nashville Warrant Lawyer.