order for arrest lawyer

OFA Lawyer Greensboro, NC

I missed a Court Date, why did I receive an Order for Arrest?

An Order for Arrest is typically issued when you miss court for a misdemeanor or felony criminal charge. This can be a rough situation, as you may be worried about your work situation if you were to get arrested, your household if you were to be placed in custody and one question our criminal lawyers deal with on a frequent basis is will be able to afford to get out?

Can a Greensboro Criminal Lawyer help me to remove or recall my order for arrest?

Don’t stress, a Greensboro Lawyer at our Law Firm can help you with your Order for arrest. Our criminal lawyers in Greensboro, NC are extremely experienced at navigating the waters to find ways to recall an order for arrest, WITHOUT YOU GOING TO JAIL.

Another thing to bear in mind, is if you’re out on bond and you miss a court date typically your bondsman will be reaching out to your to make you aware of the missed court date and want it handled pronto. Our bond motion lawyers understand the nuances of bonds, but more importantly the focus points of bondsmen to make sure you don’t miss court. To learn more about bonds, click here.

What Can I do to Recall and Order for Arrest?

First step, give us a call. This information is helpful but nowhere near as helpful as letting our criminal lawyers discuss your situation and create a pathway to removing the order for arrest. Please note, there’s never a guarantee that our lawyers will be able to make it happen, but typically we find a way.

Why did they issue me an Order for Arrest?

Sometimes an order for arrest goes out because you missed court, in other situations you were in court but perhaps left before receiving a new date, and other times you’re in court and given a new court date but there’s in error in continuing the case and this causes an order for arrest. Our lawyers in Greensboro NC have seen it all when it comes to orders for arrest, how they’re issued and the steps to fixing an order for arrest so you can remain free.

How do I recall my order for arrest?

For starters, there’s a number of ways to recall and order for arrest. First step reach out to us so we can discuss your situation. Second, our attorneys in Greensboro will speak with the District Attorneys Office to see if they will consent to the recall of the order for arrest. If they will, then all we will need is a judge to sign off on an order we’ve prepared recalling the order for arrest and the ORDER FOR ARREST WILL BE REMOVED WITHOUT YOU HAVING TO GO TO JAIL.

Second, if a district attorney or judge is unwilling to agree to the recall of the order for arrest, our criminal lawyers can attempt to calendar a hearing date to recall the order for arrest. This will typically involve your presence, but if at that point our order for arrest lawyers will inform the court why you missed, and the fact that we’re now involved to prevent this situation from happening in the future.

The third route, is in some situations, believe it or not, a District Attorney may dismiss the case if it’s a weak factual basis, the charge is minor, or perhaps there’s something wrong with the criminal charge, the indictment or something along those lines. This is a rare situation but it does happen, and our Greensboro lawyers will do everything they can to get you the best possible outcome with your criminal charges.

I missed court, but don’t know if I have an Order for Arrest, how do I check?

One way is to check the nccourts.gov website at the following link: https: nccourts.gov/court-dates. Simply type your name in last name first and search. If your court date doesn’t show you may have an order for arrest because the system isn’t showing you with a pending court date. However, if you have a Superior Court date or the clerk’s office is in the process of updating your court date, a court date may not show. This is why it’s vital to speak with an experienced criminal lawyer who can go through the proper channels to check to see if you in fact have an order for arrest.

I didn’t see a court date for me, what should I do next to check if I have an order for arrest?

Give us a call. You can also contact the Guilford County Clerk’s Office who will have all of the latest information with reference to your court date. Orders for Arrest in North Carolina, enter a warrant repository system called NCAWARE, which is a statewide system for documents that need to be served. If you have an attorney in Greensboro, they can check for you and even pull your court file to see exactly what’s going on with your case.

I have an Order for Arrest, how much is my bond?

If you missed court, typically a judge will pre-set a bond for your case. This means that the court system already has a set amount if you were to be served with your order for arrest. In Guilford County, our District and Superior Court Judges follow a set of guidelines for pre-set bonds when setting a bond amount. If a district or superior court pre-set the bond amount a Guilford County magistrate is not able to modify it. A District Court Judge would be required to modify a pre-set District Court Bond, and a Superior Court Judge would be required to modify a Superior Court Bond.

It’s important to be aware, that if you have a bond pre-set by a Guilford County Superior Court Judge, first appearances are always before a District Court Judge. This means your bond will not be able to be modified at your first appearance, but rather you’ll need to wait to hear a Superior Court Bond Motion.

I don’t want to wait to recall the order for arrest, can I turn myself in?

You can always turn yourself in, but our caution would be that the bond is typically pre-set and the order for arrest could be for an amount that would be more expensive than the recall of the order for arrest. Typically, we try to create reasonable fees with reference to recalling an order for arrest, and also, turning yourself in is not a fast process. You could spend hours of your time at the jail awaiting the warrant squad to serve you and then to process. Our Greensboro lawyers are focused on finding way to make this process as efficient as possible.

I missed court, do you think law enforcement is looking for me?

If you miss a court date and you have an order for arrest they may very well be looking for you. They may come by your residence, place of work, or any other leads they may acquire to track you down. Please note that if a vehicle or house is in your name, typically, they’ll look in both of those places with the hope of serving you.

In Guilford County, who is responsible for serving Orders for Arrest or OFA’s?

The Guilford County Sheriff’s Office handles the service of criminal process throughout Guilford County which includes Greensboro, NC and High Point, NC. Their office is responsible for serving Orders for Arrest, Criminal Summons, Warrants for Arrest, Subpoena’s, Fugitive from Justice or Extradition Orders, Child Support and anything else that may come out of the Guilford County courthouse that needs to be served.

How do I turn myself in for an Order for Arrest?

In order to be served for an order for arrest or any other type of criminal process you can reach out toe Guilford County Sheriff’s Office or the Guilford County Magistrate’s Office. There’s a magistrates office at the both the Greensboro and High Point Jails.

Our criminal lawyers in Greensboro NC have included several resources you can use to check on a warrant and turn yourself in:

Guilford County Sheriff Warrant Office (Greensboro, NC)
201 S. Edgeworth Street
Greensboro, NC 27401
Phone: 336-641-2727

Magistrate’s Office located in Greensboro, NC
Place to Turn Self In:
201 S. Edgeworth Street
Greensboro, NC 27401
Phone: 336-641-2700

On Nights/Weekends in Greensboro, NC:

Turn Self-In:
Greensboro Magistrate’s Office
201 S. Edgeworth Street
Greensboro, NC 27401
Located in the Greensboro Jail.
Phone: 336-641-2700

Guilford County Sheriff’s Office Night Duty
Phone: (336) 641-3355

During Regular Business hours in High Point, NC:
Monday-Friday – 8:00 AM to 5:00 PM

Guilford County Sheriff’s Office Warrant Squad – High Point, NC
507 E Green Drive
High Point, NC 27260
Phone: (336) 641-7907

Magistrate’s Office located in High Point, NC
505 E Green Drive
High Point, NC 27260
Phone: 336-641-7900

On Nights/Weekends in High Point:
AFTER 5:00 PM

Magistrate’s Office located in High Point, NC
505 E Green Drive
High Point, NC 27260
Phone: 336-641-7900

Guilford County Sheriff’s Office Warrant Squad – High Point, NC
507 E Green Drive
High Point, NC 27260
Phone: (336) 641-3355
Other Issues With Orders for Arrest to be Aware Of:
1) FIREARM HOLD
If you have a pending firearm case in Greensboro, NC, please do not run down to the magistrate to turn yourself in until after you’ve spork with our criminal defense lawyers. Firearm holds are a major issue when it comes to receiving a bond and understanding the nuances of a firearm hold is imperative prior to be served with an order for arrest. Things to know about a firearm hold: If you have a prior crime or violence or firearm offense in the past five years and you receive a new firearm offense, there’s a presumption in favor of placing you under a firearm hold.
What is a Firearm Hold?
With a firearm hold, there’s no bond. You are stuck in custody until a bond motion can be filed and hopefully a new bond is set so you can be released.
Can a Firearm Hold be Removed by a Criminal Lawyer?
Yes. This doesn’t happen in every case. There’s a lot that goes into hearing a bond motion to remove a firearm hold. You want to make sure you’re on the same page as your criminal defense attorney prior to hearing this motion, because it will be some time before you can make another attempt at removing the firearm hold.
Can I avoid a Firearm Hold when I turn myself in?
Some magistrates may not place a firearm hold, however, in most situations, a Guilford County magistrate will give a firearm hold if you fit the criteria. Most magistrates in Greensboro want a District Court Judge to be the one to set the bond as opposed to a magistrate making that decision. Our top rated criminal lawyers are prepared to do everything they can do to assist you if you have a firearm hold.
To learn more about Firearm Holds in Guilford County, NC we encourage you to look at the statute NCGS 15A-533 for further information and also to speak with our firearm hold lawyers.
2) DOMESTIC HOLD
What is a Domestic Hold?
In North Carolina, crimes involving domestic violence can involve a temporary domestic hold that prevents a bond from being set until you go before a District Court Judge in Guilford County, NC. Also, if you have remained in custody for 48 hours, the jail should bring you before a criminal magistrate to have a reasonable bond set in your case. A magistrate cannot set the bond in certain situations until after the 48 hours have passed.
The following domestic relationships will result in a domestic hold:
  • Spouse
  • Former Spouse
  • Person Who Lives in the Same Household
  • Person Who Used to Live in the Same Household
  • Live as if Married
  • Formerly Lived as if Married

The following crimes alleged to have been committed with the people above will result in a domestic hold:

  • Assault
  • Battery
  • Communicating Threats
  • Domestic Trespass
  • Felony Assault

In these instances, only a District Court Judge in Guilford County will be able to set a bond. However, if 48 hours have elapsed from the time of your initial arrest, a magistrate will be able to set a bond. The 48-hour hold situation typically is only seen on the weekends. For instance, if you’re arrested Friday night, 48 hours would leave you in there on Sunday and still yet to go before a District Court Judge because there’s no first appearances on the weekend. The magistrate after the 48 hours have elapsed will be able to set a bond for you on Sunday night.

Is it Possible to Avoid a Domestic Hold when I have Domestic Violence Charges?

It’s possible, but only in rare circumstances. To avoid a domestic hold you will need to have a pre-service or pre-trial hearing with a District Attorney and Judge with the hope of getting all parties to agree to a bond. This is referred to as a pre-set bond. A pre-set bond means before you turn yourself in, you already know what your bond will be. A pre-set bond can prevent a domestic hold.

In Guilford County, a bond agreement between all parties is extremely rare. This typically would require a clean record and in some instances the person who is the alleged victim in the domestic case will need to provide support for you not being held. In other instances, some district attorneys will allow for a consent bond or a pre-set bond when it’s been a long time since the date the charges were issued and the date of service. However, most district attorneys still won’t agree because domestic violence cases have the highest rate of revenge-like situations stem from them. A district attorney will not want to have their name on a consent bond if another situation ensues.

To find out more about domestic holds, and to even look at the laws that apply in these situations, our lawyers in Greensboro encourage you to look at NCGS 15A-534. This statute lays out all of the rules connected to domestic violence charges and domestic holds so you can have a better of idea of what you’re looking at.