Many people in Delaware County think that an active warrant will eventually just expire. They believe that if they stay out of trouble or wait long enough, the warrant will go away. That is simply not true. The Pennsylvania legal system does not work that way. If you have an active warrant, Attorney William Burrows reviews your case and explain your options. But if there is a real warrant with your name on it, there is no easy trick to make it vanish.
To help you understand what you are facing, this guide explains the types of warrants in Delaware County, how the police track them, and the safest way to resolve them.
Understanding the Two Main Types of Warrants in Delco
In Pennsylvania, a “warrant” is a court order that allows the police to arrest you. There are two main types of warrants in criminal cases. They are issued for very different reasons.
Arrest Warrants for New Criminal Charges
An arrest warrant is issued when the police believe you committed a new crime. Under state rules, the police must write down a complaint and show “probable cause” to a local judge. If the judge agrees that there is enough evidence, they will sign the warrant.
Once signed, the police will actively search for you to take you to jail.
Bench Warrants for Missing Court or Violating Rules
A bench warrant is different. It is not about a new crime. Instead, a judge issues it directly “from the bench” because you failed to follow a court rule. The most common reasons for a bench warrant include:
- Missing a scheduled court date in Media, PA
- Violating your probation or parole rules
- Ignoring a court order to show up as a witness
- Failing to pay court fines or child support
A bench warrant tells any police officer who stops you to arrest you immediately. They must bring you directly before the judge who issued the order.
The Hard Truth: Delaware County Warrants Do Not Expire
Some people think there is a time limit on warrants. They think if they can just “run out the clock,” they will be safe.
In reality, outstanding warrants remain active forever. It does not matter if the warrant is five months old or fifteen years old. It will stay active until a judge formally lifts it.
How Police Track Outstanding Warrants
Today, everything is digital. Once a Delaware County judge signs a warrant, your information goes into two major databases:
- CLEAN (State Database): This system connects all police departments in Pennsylvania. If an officer in Upper Darby, Chester, or Haverford pulls you over for a minor traffic stop, they will see the warrant instantly.
- NCIC (National Database): This database is run by the FBI. It shares warrant info across state lines. If you leave Pennsylvania, you can still be arrested in another state and sent back to face the court.
An active warrant means you are always at risk. The police can arrest you at a routine traffic stop, at the airport, or during a basic job background check.
How to Safely and Strategically Resolve a Warrant in Delaware County
Ignoring a warrant is a dangerous choice. If you get arrested unexpectedly, your situation will be much harder to handle.
Here is what you need to know about resolving an active warrant safely under Pennsylvania law.
The Myth of the “Phone Call” Fix
Many people think a lawyer can clear a warrant with a quick phone call or a simple Zoom meeting. In almost every case, that is impossible.
To clear a warrant, you must address it directly in court. The judge will want to see you in person. They want to hear why you missed court, and they will decide if you should be let go or held in jail.
Proactive Surrender vs. Unexpected Arrest
The best thing you can do is control how you face the court. There is a huge difference between being brought in in handcuffs and walking in on your own terms with an attorney.
- Voluntary Surrender (Proactive): When you turn yourself in voluntarily, the court sees that you respect the system. Your lawyer can set up a time with the court ahead of time. They can make sure a judge is ready to hear your case right away. Your attorney can then argue for your immediate release on low bail or your own recognizance (ROR). The goal is to get you in and out of court as fast as possible, often on the very same day.
- Unexpected Arrest (Reactive): If the police catch you during a traffic stop, you will go straight to jail. You must wait there until a judge is free. The prosecutor will likely argue that you ran from the law, which means you could face much higher bail or stay in jail.
Your Rights Under PA’s 72-Hour Rule
Under Pennsylvania Rule of Criminal Procedure 150, when you are arrested on a bench warrant, the court must give you a hearing “without unnecessary delay.”
By law, this hearing must happen within 72 hours of your arrest. If the court does not hold the hearing within 72 hours, the warrant expires, and they must let you go. However, this rule only helps you after you are already in jail. Until then, the warrant stays active.
Rare Clerical Errors and Exceptions
In very rare cases, a lawyer can get a warrant lifted without you turning yourself in. This only happens if there was a clear clerical error by the court, or if extreme circumstances kept you from showing up. A defense attorney must review your specific court files to see if your case fits these rare exceptions.
Why You Need a Local Criminal Defense Lawyer
Facing a warrant is highly stressful, but you do not have to do it alone. A local attorney who knows the Delaware County courthouse can protect your freedom. A lawyer can:
- Look up the warrant to find out exactly why it was issued.
- File a formal request to lift the warrant.
- Set up a safe, fast surrender to minimize your time in jail.
- Present a strong defense to the judge to keep your bail low.
Taking action now is the best way to protect your rights, protect your freedom, and get your peace of mind back.
This information is for general educational purposes only and is not legal advice. Every case and warrant is different.