A warrant of arrest is an order from a judge, issued after a finding of probable cause once a criminal case has been filed in court, directing law enforcement to take you into custody. It is different from a subpoena, which merely requires you to appear or respond during preliminary investigation. If there is a warrant, do not resist arrest, assert your right to counsel and to remain silent, and, if the offense is bailable, arrange to post bail, which you can often do promptly. Counsel may also move to quash or recall the warrant where there are legal grounds.
Learning that a court has issued a warrant for your arrest is alarming, but panic and flight are the worst responses. The situation is manageable, and knowing the difference between a warrant and the notices that precede it is the first step to handling it correctly.
A Warrant Is Not a Subpoena
People often conflate the documents that arrive at different stages of a case. They are not the same:
- A subpoena is issued during the preliminary investigation by the prosecutor. It requires you to appear and submit a counter-affidavit to answer a complaint. At this stage no case has been filed in court and there is no order to arrest you. Ignoring a subpoena is a mistake — it forfeits your chance to refute the complaint — but it is not itself an arrest.
- A warrant of arrest comes later. After the prosecutor files the Information in court, a judge personally evaluates whether there is probable cause and, if so, issues the warrant. Only then are you subject to arrest.
Understanding which document you are holding tells you what stage you are at and what your options are.
What to Do If There Is a Warrant
- Do not resist. Resisting or fleeing can add new charges and destroys goodwill. If officers come with a valid warrant, comply.
- Verify the warrant. Note the issuing court, the judge, the case number, and the offense charged. A warrant should identify these; you are entitled to know the basis for your arrest.
- Assert your rights. You have the right to remain silent and the right to counsel from the moment of arrest. Do not give statements or sign documents without a lawyer.
- Arrange bail. If the offense is bailable, you can secure your provisional liberty by posting bail. Counsel can often arrange this quickly — in some cases, bail can be posted so that you are released promptly rather than detained.
Bail: Your Route to Provisional Liberty
Most offenses are bailable as a matter of right before conviction; only offenses punishable by life imprisonment or reclusion perpetua, where the evidence of guilt is strong, may be non-bailable. The amount of bail is set with reference to the recommended bail schedule and the circumstances of the case, and it can be posted in cash, through a bonding company (surety), or by property. Posting bail does not admit guilt; it secures your liberty while the case proceeds and ensures your appearance.
Can a Warrant Be Recalled or Quashed?
Yes, on proper grounds. Counsel may file a motion to quash the warrant or to recall it — for instance, where probable cause was lacking, where the warrant issued irregularly, or where the accused voluntarily surrenders and posts bail. In some situations a motion for judicial determination of probable cause is appropriate. A warrant also does not simply expire; it remains outstanding until served, recalled, or quashed, which is another reason to address it rather than wait it out.
The Practical Path
The productive sequence is almost always the same: consult a lawyer immediately, verify the warrant and the charge, and, if bailable, arrange bail and, where advisable, voluntarily surrender on your own terms. Facing the case squarely, with counsel, produces far better outcomes than hiding — which only adds risk and forecloses options.
Frequently Asked Questions
What is the difference between a warrant of arrest and a subpoena? A subpoena is issued by the prosecutor during preliminary investigation and asks you to respond to a complaint; no court case exists yet. A warrant of arrest is issued later by a judge, after a case is filed and probable cause is found, and directs law enforcement to take you into custody.
What should I do if there is a warrant for my arrest? Do not resist or flee. Verify the issuing court and charge, assert your right to silence and counsel, and, if the offense is bailable, arrange to post bail. Consult a lawyer immediately, as voluntary surrender with bail is usually the best course.
Can I post bail before I am arrested? Often yes. For bailable offenses, counsel can arrange bail so that you secure provisional liberty, in some cases posting bail promptly rather than being detained. Posting bail does not admit guilt.
Does a warrant of arrest expire? No. A warrant remains outstanding until it is served, recalled, or quashed. That is why it is better to address it, through counsel, than to wait and hope it lapses.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have learned of a warrant, act calmly and quickly, our firm can verify it, arrange bail, and protect your rights. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.