How Will You Be Contacted If You Have a Warrant?

If you have a warrant out for your arrest in Alberta, law enforcement can arrest you at any time and anywhere within the territorial jurisdiction of the Court that issued the warrant.

However, there is often confusion among suspects or people accused of crimes about whether or not an arrest warrant has been issued. How do you know if there is a warrant out for your arrest and how will the authorities contact you if you have a warrant?

Let’s find out….

What is a Warrant?

An arrest warrant is a legal document issued by a judge or justice of the peace on behalf of the province authorizing the police to arrest an individual accused of a crime.

The warrant will include the name of the accused, the alleged offence, and authorization to arrest the person anywhere in the province or, in the most serious cases, nationwide. The arrest can occur at home, in school, at the place of business or anywhere else within the jurisdiction.

A warrant is usually issued for the following reasons:

• Police have laid charges but are unable to locate the accused;
• Failure to appear in court;
• Failure to appear at a police station for identification after being charged;
• Breaching a condition of a conditional sentencing order;
• Breaching terms of release on another criminal charge; or
• Failure to appear in court as a witness after being subpoenaed.

Methods of Contact for Warrants in Alberta

If police have a warrant for an arrest, they must show or tell the individual about the warrant. 

Sometimes, however, the subject of the warrant cannot be located. So, if you have reason to believe that there may be a warrant for your arrest, it is generally best to be proactive so that you can take the necessary steps to report to the authorities and ensure that you are released from custody as soon as possible. 

Finding warrant information is essential but can be challenging, especially for people who are not used to problems with law enforcement.

There are three main ways that you may be contacted if you have a warrant in Alberta:

• Direct or indirect contact by law enforcement

During an investigation by law enforcement, there may be a home check by police, in which case you may be informed of the warrant in person. Alternatively, family or friends may be approached by authorities for information and the defendant can find out indirectly from this.

Another way of finding out directly is to attend a police station with photo identification (warrant information is not given out over the phone or online). The danger with this approach is that you may be arrested on the spot and checked for evidence, including from your phone. It is generally advisable to send a lawyer on your behalf to check with law enforcement—more about this below.

• Written notification

After a warrant is issued, some law enforcement agencies will send written notification of the warrant. 

However, this usually depends on the seriousness of the charge. A person wanted for a serious violent crime such as murder or serious sexual assault is highly unlikely to receive a letter.

• Public records or online notices

There are no accessible online databases of unexecuted arrest warrants in Alberta. Public records of arrest warrants do exist in Canada but access is limited. The public can only access arrest warrants after the accused has been arrested or received a summons. Sometimes, court orders seal the records so that they cannot be accessed.

Unexecuted arrest warrants cannot be accessed so it is not a viable way of finding out if you have an arrest warrant.

How to Find Out If There is an Arrest Warrant 

It is fair to assume that if you were charged with a crime some months ago but have not been in a courtroom yet, there is a warrant out for your arrest—and your next step should be to seek legal advice on what to do.

If you have not been contacted about a warrant but want to find out if a warrant exists, choose one of the following methods:

• Check in person with the police or the courthouse 

A police officer or court clerk can search for outstanding warrants or tickets if you present yourself in person with suitable identification. However, for reasons already explained, this can be very risky.

• Hire a criminal defence lawyer

A criminal defense lawyer can check for arrest warrants by communicating with the Crown Prosecutor’s office without any immediate risk to you. This is generally the safest way to find out if there is a warrant. If a warrant has been issued, your lawyer can arrange a time and place for you to turn yourself in to the police and negotiate your release on a Promiser to Appear or Bail.

• Request a criminal record check 

You can also find out if you have a warrant by requesting a criminal record check from the RCMP or your local police. 

What Happens If You Ignore a Warrant?

If you discover that there is a warrant for your arrest, make plans with your lawyer to turn yourself in. Otherwise, you will be risking an escalation of penalties, including further charges, extra fees and fines, and jail time. Ignoring an arrest warrant may also affect employment, housing, travel, immigration status, driving privileges, and more.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.