You just found out there’s a warrant for your arrest in Tennessee. The panic sets in–what now? Ignoring the problem isn’t an option, but facing it alone feels just as overwhelming. An arrest warrant isn’t something that simply goes away. Without the right guidance, you could face an unexpected arrest, jail time, and escalating legal consequences.
However, you can take control before it gets worse. At Barnes & Fersten, we’ve helped countless clients facing similar situations, and we’re ready to help you too. This guide will explain what exactly an arrest warrant is, what you should do to avoid unnecessary consequences, and how to secure the best possible outcome.
What Is An Arrest Warrant?
An arrest warrant is a legal document issued by a judge or magistrate in Tennessee, authorizing law enforcement to take you into custody. Warrants are typically issued when there’s probable cause to believe you’ve committed a crime or when you’ve failed to appear in court or comply with court orders.
Types of Warrants in Tennessee
- Arrest Warrants: Issued when there’s probable cause that you’ve committed a crime. This allows police to arrest you and bring you into custody.
- The majority of the time you will be arrested immediately if the act was done within the officer’s presence or after an investigation into what occurred.
- However, there are scenarios such as in vehicular homicide and vehicular assault cases, where officers wait to get the blood results, or in other felony cases potentially test the drugs seized, etc. before bringing formal charges. Under such a scenario, there could be an arrest warrant for your arrest unbeknown to you.
- Bench Warrants: Issued when you fail to appear in court as required or violate court orders, such as unpaid fines or conditions of your probation. Even minor issues like unresolved traffic violations can result in a bench warrant.
Common Reasons for Warrants
- Failing to appear in court for a scheduled hearing.
- Accumulating unpaid fines or court fees.
- Being suspected of criminal activity, ranging from misdemeanors like DUI to serious felonies such as aggravated assault or drug trafficking.
What Happens After a Warrant is Issued?
If you’ve learned there’s an arrest warrant with your name on it, understanding what happens next is essential. Taking the right steps early on can make a significant difference in how your case unfolds.
1. Law Enforcement Will Act on the Warrant
Once a judge issues an arrest warrant, law enforcement is authorized to arrest you at any time and place. This could mean being taken into custody during a routine traffic stop, at your home, or even at your workplace. However, instead of waiting to be arrested unexpectedly, the best option is to voluntary surrender. Before doing so, we would recommend having a family member or friend ready to make your bond, as well as reaching out to bonding companies beforehand so one is ready to make your bond once you are booked.
2. Consider Voluntary Surrender: This is always the best option
Voluntarily turning yourself in can help you maintain some control over the situation and potentially lead to more favorable outcomes. By surrendering on your terms, you may:
- Avoid an Embarrassing Public Arrest: Instead of being taken into custody in front of family, coworkers, or in a public setting, voluntary surrender allows you to choose the time and place for your arrest.
- Increase the Chances of Better Bail Terms: Courts often view voluntary surrender as a sign of cooperation, which may result in lower bail or more lenient release conditions.
- Show Responsibility: Taking this proactive step demonstrates that you’re serious about addressing the charges, which can reflect positively on your case moving forward.
3. You Will Be Arrested and Booked
After being arrested by law enforcement, you’ll be brought to the police station for the booking process, which typically includes:
- Recording your personal information.
- Taking your fingerprints and a mugshot.
- Completing any necessary paperwork before release, pending your first court appearance (arraignment).
In many cases, after booking, individuals are released with instructions to appear in court at a later date for their arraignment. However, release conditions—such as bail or a recognizance agreement—may vary depending on the nature of the charges and other factors.
During the booking process, it’s essential to remain calm and avoid discussing your case with anyone other than your attorney. Anything you say can be used against you, so it’s crucial to exercise your right to remain silent.
4. Formal Charges Will Be Filed
Following your arrest, the prosecutor will file formal charges against you based on the alleged crime. These charges outline the specific legal violations you’re accused of and will determine the direction of the case. Whether it’s a misdemeanor or felony, once charges are filed, the stakes become much higher.
5. Your First Court Appearance: The Arraignment
After your arrest, you will have a court hearing known as an arraignment. During this appearance, the judge will:
- Formally read the charges against you.
- Ask you to enter a plea (guilty, not guilty, or no contest).
- Address the issue of bail, which will determine if you can be released while awaiting trial or if you’ll remain in custody.
The legal process officially begins after your arrest, and each decision made from this point forward can impact the outcome of your case.
Why You Need An Attorney—and How Barnes & Fersten Can Help
Once criminal charges are filed against you, each decision you make impacts your future. The legal system is complex, with strict deadlines, procedural rules, and a prosecution team actively working to build its case against you. With Barnes & Fersten by your side, you gain the experience, strategic insight, and dedicated defense needed to protect your rights and achieve the best possible outcome.
1. Building a Strong Defense from Day One
At Barnes & Fersten, we know that a strong defense begins as soon as you’re charged. Our attorneys meticulously analyze the evidence against you, including police reports, witness statements, and physical evidence. We look for weaknesses in the prosecution’s case and file motions to suppress any evidence obtained improperly, strengthening your position before the case reaches the courtroom.
We approach every case uniquely, tailoring our strategies to fit your situation. Whether negotiating a favorable plea deal or preparing for trial, we ensure you’re equipped with a defense that best serves your interests. We have multiple attorneys and staff members reviewing all the evidence in your case, collaborating on the best possible defenses and ideal outcomes, and even conduct mock hearings before ever stepping foot in the court room for a hearing. This is a unique one-of-a-kind defense that we offer as Knoxville’s best criminal defense attorneys.
2. Navigating the Legal Process on Your Behalf
At Barnes & Fersten, we manage every aspect of your criminal defense, from legal filings to court appearances and negotiations with the prosecution. Our team advises you on plea options, files motions to dismiss charges when possible, and seeks changes to bail conditions—all with the goal of reducing the case’s impact on your life.
Our experience in Tennessee’s court system and familiarity with local judges, prosecutors, and law enforcement provide you with an inside advantage, especially in negotiations. We know what strategies work best and use this knowledge to your benefit at every stage.
3. Challenging and Strengthening the Evidence
In criminal defense, the evidence can make or break a case. Our attorneys carefully review every piece of evidence, looking for inconsistencies, procedural errors, or violations of your rights. We partner with forensic experts, re-evaluate physical evidence, and cross-examine witnesses to highlight any gaps in the prosecution’s case.
If law enforcement violated your rights during evidence collection—such as through an unlawful search or interrogation—we take action to have that evidence excluded. By challenging improper evidence, we work to significantly weaken the case against you.
4. Seeking Favorable Plea Deals and Alternative Sentencing
While we’re prepared to go to trial if needed, we understand that sometimes negotiating a plea deal is the most favorable outcome. Our attorneys work with prosecutors to reduce charges or penalties, often securing alternatives to incarceration, such as probation, community service, or rehabilitation programs. We negotiate to achieve the least severe consequences possible, focusing on your long-term wellbeing.
At the end of the day, our criminal defense attorneys believe in negotiating the absolute best possible plea deal on your behalf so that our clients can make an informed decision on how to proceed forward. Our lawyers love having hearings and cross-examining officers, but before we do that, we want to secure the best possible plea deal to decrease risk of a conviction, jail and probation, so you can make the decision based on our advice on how to proceed forward.
5. Protecting Your Future and Reducing Consequences
Facing criminal charges threatens more than just your immediate freedom; it can impact your future job prospects, housing, and relationships. At Barnes & Fersten, we work tirelessly to protect your reputation and limit the long-term consequences of a conviction. Our goal is to secure outcomes that allow you to move forward, whether through dismissal, acquittal, or reduced sentencing.
Take Control of Your Situation—Contact Barnes & Fersten Today
Facing an arrest warrant in Tennessee is overwhelming, but you don’t have to face it alone. The decisions you make now can significantly impact your future. Our defense attorneys in Knoxville are ready to stand by your side and build a strong defense on your behalf.
Don’t wait until it’s too late. Call us today at 865-805-5703 or fill out our contact form for a free consultation and take the first step toward securing the best possible outcome for your case. Your future is too important to leave to chance—let us help you navigate this challenging time with confidence.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
