When Can Warrants Be Issued?
There are several different times in criminal cases when warrants can be issued by Cottonwood Municipal Court:
- At the beginning of a case
- During a case if a defendant fails to appear
- After adjudication when a defendant fails to comply with the sentence
Criminal Arrest Warrants
Criminal arrest warrants can be issued when there is reasonable cause to suspect an individual of a misdemeanor crime. Arrests result in being held in jail until a bond is paid or until the defendant is brought to the Court from the jail to see a judge. The judge will decide if bond should be continued or if the defendant can be released on his own recognizance.
Failure to Appear
When a person fails to appear for a scheduled court date, a warrant is issued. The defendant may be arrested. The defendant must post a bond and another court date will be set. If a defendant knows ahead of time that he cannot attend court at the scheduled time, he should request a continuance. He must appear unless the continuance is granted by a judge. If a person misses their court date, they should appear as soon as possible in court to ask the judge to quash the warrant and to reset the court date. The judge decides whether to require bond.
Failure to Pay Fine or Complete Sentence
A warrant will be issued if a person is required to pay a fine or to complete a sentence and fails to do so. If a fine has been imposed and the defendant is arrested, he must pay the fine in cash, plus any fees. If this is not possible, the person will be brought to the court for the judge to decide to hold the person in contempt or release them to pay.
Probation
If a person has been placed on probation, and has violated probation, or has failed to appear for a review hearing date, a warrant will be issued. In addition, the prosecutor may file a petition to revoke probation.
Outstanding Warrant
In any situation where a warrant is outstanding, a person may appear at a walk-in time to see the judge. Walk-ins are from 9 a.m.- Noon, and 1:30 –4 p.m., Monday through Friday (except for holidays). You should call the Court first to verify that a Judge will be there when you wish to appear.