However, a defense may be raised that the State failed to make reasonable efforts to serve the warrant. Warrant Number: Multiple Warrants. Pursuant to Penal Code 1214.1 an additional $100 Civil Assessment fee may be added to your case when you fail to appear and/or when you fail to pay your court ordered fine. About 1,580 people -- or more than 7 percent of people booked in -- were arrested on a failure-to-appear warrant alone. HOT CHECK WARRANT. This action is presumed to be a crime in Arkansas. This site is protected by reCAPTCHA and the Google, There is a newer version After an arrest on a warrant, a law enforcement officer files the return of the warrant. If you were charged with a crime, even something as minor as a traffic ticket, you received a summons to appear in court. "They could have 15 [failure-to-appear warrants], and no one knows. About 46,015 of those charges were failure-to-appear warrants, issued for 19,520 people, according to data compiled by Maj. Matthew Briggs, who oversees jail operations. Code. Charge(s): FAILURE TO APPEAR. when a prosecution against you for the same conduct is pending in Arkansas. be taken immediately before the court that suspended imposition of sentence or, if Officers filed a report for theft at 8:15 a.m. Tuesday in the 900 block of Kearney Street in Manhattan. It is the defendant's obligation to present evidence and establish the reasonable excuse defense, which usually involves unavoidable circumstances beyond the defendant's control that kept the defendant from appearing at or getting to the court. Charges Violation of a No Contact Order, Domestic Assault 2nd Degree, Interfering With Emergency Communications, Failure to Answer Traffic Summons, and Failure to Appear. Generally, criminal suspects may not be charged with a crime if the statute of limitations has expired, provided they were living openly (not evading law enforcement) throughout the statutory period. That is, if the defendant was initially charged with a Class C misdemeanor, the FTA will be a Class C misdemeanor as well, and so on. . ), Misdemeanors. Gender: F. Race: White. Some reasonable excuses for failure to appear could include: The court will require documentation of your unavoidable reason for FTA, such as a note from your doctor. Ordinarily, a person who has a bench warrant can lose their driving privileges, government benefits, and incur extra fines/costs. Many Arkansas attorneys offer free consultations. section, any period of confinement ordered by the specialty court is not subject to (d) This section does not apply to an order to appear imposed as a condition of suspension or probation under 5-4-303. When the inhabitant is an escapee hiding out in their home. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. To get connected with our representative, please call (614) 707-4239. on probation is subject to a revocation hearing under this subchapter or an administrative community. Practice, Procedure, and Courts, https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-93-308/, Read this complete Arkansas Code Title 16. Welcome to DPS's Failure to Appear / Failure to Pay Program This site contains information on violators who have been reported by Texas cities and counties in accordance with Chapter 706 of the Texas Transportation Code. When a person is required to appear for court on a citation or summons or after being released from jail with or without bail in a criminal case, failing to appear also can result in a bench warrant for arrest and forfeiture of a posted bond. More Info. Code. Without this evidence, a judicial officer cannot authorize an arrest, search, seizure, or any other act requiring a warrant in the state. When Miller started on the bench, everyone charged with a certain crime faced a corresponding monetary bond, he said in a video. Name Age Offense Issue Date Warrant Number; ABATIR, SAMIR : 52: FTA (5015) May 06, 2009: 19642009: ABBOTT, TAMI JO: 55: FTP: Mar 24, 2006: 14062006: ABDULLAHI . Suspect Details. arrest. (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and. In district court, judges often tell their clerks to put warrants into the Arkansas Crime Information Center database that police officers use while on the job. They haven't been convicted," she added. Copyright 2023, Thomson Reuters. On Tuesday, a slow day, he had eight warrants to work. six (6) times under 16-93-306(d). "But you can also see the ability to have error because of the number of times it's touched by different individuals.". FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sometimes a person moves and doesn't know who to notify about his address change, so he never gets a court notice, Scifres said. He was charged with FAILURE TO APPEAR- MISDEMEANOR warrant LR-22-3255 issued by Pulaski County Sheriff's Office, AR. For change to take hold, Leverett said, the right people are in the room. Ann. Constantly updated. When knocking and announcing will allow the suspect to escape. Statutes of limitations are meant to help preserve the integrity of evidence (including witness testimony) and maintain efficiency in the criminal justice system. 5-54-120, 5-4-401. As it stands, defendants get court notices on paper, either handed or mailed to them. One of those people is a homeless man who suffers from alcohol addiction and has exhibited signs of a mental illness, according to multiple Little Rock police reports. defendant's probation and sentence him or her to a period of time exceeding the time Class A misdemeanor failure to appear in Arkansas is punishable by up to one year in jail and a fine up to $2500. Relying on current employees to manually input all the information is unlikely. (B)Is exhibiting behavior that can be construed to be a threat to: (ii)Not comply with an intermediate sanction under 16-93-306(d) or 16-93-309(a)(4). Felonious conduct by a public servant:Must be started within 5 years after he or she leaves office or after the crime was discovered or should have been discovered. Generally, the warrant will state or describe: Upon discovering an outstanding warrant (usually by carrying out an Arkansas warrant search), it is best to resolve it immediately to avoid arrest or further legal consequences. "We're not looking to enable," Scifres emphasized. misdemeanor charges and; felony charges. A warrant is a paper signed by a judge or magistrate that allows law enforcement officers to perform an action that administers justice. Arkansas Rule of Criminal Procedure 13.2(b) describes the contents of a search warrant. Please try again. This is according to the kind of traffic violation/criminal charge you have. If you arent sure whether youre facing felony or misdemeanor FTA charges, contact an FTA lawyer from The Law Group of Northwest Arkansas LLP. Before paying the required fees, check the list of participating courts that accept online payments. If you do not appear in court on the date you are scheduled to appear the judge issues a Failure to Appear warrant for you, which can include a cost cash bond of from $250 and up to $330. Other states make failure to appear without good cause a crime and don . Class C and Class D Felonies shall not exceed ten thousand dollars. So that insight is "obviously biased," he said. If you fail to show up at your scheduled court date, the judge will issue a warrant for your arrest . Hence, a person can be charged with a felony or misdemeanor for missing court without a reasonable excuse. We only accept personal checks from the state of Arkansas. There is a 6-year limit for Class Y and A felonies, and a 3-year limit for Class B, C, D, and unclassified felonies. The 42-year-old is charged with a misdemeanor, loitering, public intoxication or criminal trespassing, then arrested again and again for failing to appear in court. "I'm handicapped when I'm trying to make a decision," Leverett said, referring to his shift overseeing Saturday criminal court. (2)(A)As used in this subsection, any sentence includes the extension of a period of suspension of sentence or probation. The attorney will probably contact the court or police department (depending on your jurisdiction) to give an explanation for your failure to appear. Since most misdemeanors carry a maximum jail sentence of one year obviously this is something you should take very seriously. 2018 Arkansas Business Trendsetter City of the Year for Wellness and Fitness (Craighead Trail) View More Rankings & Awards; Helpful Links. Stay up-to-date with how the law affects your life. In Arkansas, misdemeanors generally carry a 1-year statute of limitations. When notifying the inhabitant will compromise the safety of an officer or someone else. Charge(s . Secondly, while arrest warrants are typically only used in criminal cases, a bench warrant can be issued for civil cases as well. If a mandated reporter of child abuse did not make a report, a charge for failure to report must be brought within 10 years after the child turns 18. A reasonable excuse for failure to appear could include a motor vehicle accident, hospitalization, illness, a death in the family, the defendant's car breaking down on the way to court, being in jail in another location, or the court failing to give notice or accurate notice of the time, date and location for the required court appearance. A good percentage of bench warrants issued in Arkansas are Failures to Appear (FTAs). "It's very costly.". That's not to mention the redundancies that failing to appear for a trial can cause, deputy prosecutor and committee member Barbara Mariani said. Of course the details of your situation are unique and you should contact an attorney if you have a failure to appear warrant. Arrest warrants, like search warrants, can only be released when a law enforcement officer establishes reasonable grounds that a person committed an offense. Those warrants are handed to Smith and two other deputies in the warrants division on the bottom floor of the county courthouse. Height: 6 Feet 3 Inches. of To obtain warrant records from a third-party site, the requesting party may be required to provide: In most states of the country, a warrant stays active until it is executed or recalled. In some cases, you may be required to just pay a small fine. Failure to appear for court without a reasonable excuse in a pending criminal case can be charged as a criminal offense in Arkansas. He probably will recall the warrant. Legally reviewed by Kathryn A. Ritcheske, Esq. Hence, the establishment of "warrants.". Restitution payments must also be paid in cash. Pay Warrant Online. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Apart from being arrested for the failure to appear offense, the court may also impose a fine penalty of up to $330 on the defaulter, based on the gravity of the offense. Luckily, an experienced Arkansas failure to appear lawyer can help you clear up legal issues and deal with problems the right way so you can get back to your life. (. It cannot be executed afterward unless reissued, and this can only occur if the judicial officer determines that probable cause still exists. In Colorado, failure to appear is covered under Colorado Revised Statutes, Section 16-2-110, which states, "If a person upon whom a summons or summons and complaint has been served pursuant to this part 1 fails to appear in person or by counsel at the place and time specified therein, a bench warrant may issue for his arrest." This statute . the date of filing the petition; or, (A)Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Saline County. All rights reserved. (2)If a defendant on probation is arrested by a probation officer employed by the Meanwhile, a parent who owes more than $25,000 in back child support is guilty of a Class B felony (5 to 20 years in jail and up to $15,000 in fines). 18-16-101, says that if a tenant doesn't pay rent on time, the tenant "forfeits" or loses the rest of their lease term. These incarceration periods are outlined in Ark. The police must also wait a reasonable amount of time, enough to be deemed a constructive refusal of entry by the inhabitants, before forceful intrusion. An experienced criminal defense lawyer can be invaluable in these situations. And a phone or text notification would make missing a court date much more difficult, he said. Penalties for failure to appear are often severe. However, if the open court case is to resolve a violation charge, the failure to appear will be a Class C misdemeanor. 16-81-104, this warrant can be issued by a circuit or district court judge, or magistrate. Class A misdemeanor failure to appear in Arkansas is punishable by up to one year in jail and a fine up to $2500. Failure to appear generally results in a warrant for your arrest. Contents When you failed to appear the infraction was found as committed since you didn't appear to contest it, and a failure to appear was noted. . In these states, a defendant might have 48 hours, 30 days, or some other time period in which to surrender before criminal charges can be filed. Schedule your initial consultation online or call 479-316-3760 to discuss your options. Note: Failure to appear in court and pay your traffic citation will result in an issuance of a Failure to Appear warrant. Felonies are more varied, with no time limit for many felonies. "It's hard to put a number on that," Scifres said. conditions violation under subdivision (i)(2)(A) of this section and meets the standard Buchanon's warrant is out of Wayne County for failure to appear on a charges of driving while license, suspended, improper operation of an ATV vehicle, criminal trespass to real property, harassment . The identity of the individual to be detained. No probable cause to issue the warrant. Also, search warrants in Arkansas are executable between 6:00 a.m. and 8:00 p.m. For example, youll likely face misdemeanor charges if you were ordered to appear in court for a misdemeanor crime. Information about this arrest can be found below. People with outstanding court payments can also have their driver's license suspended and incur jail time in Arkansas if the court finds that the default was intentional. probation sanction for a technical conditions violation or a serious conditions violation, Plus, jail is pricey. 5-54-120, and are as follows: If the defendant in a felony case misses court, it is a Class C felony. And, in general, for lesser charges like misdemeanors, defendants are released and get new court dates. Felony cases generally have a higher prison sentence than misdemeanor ones. When the execution period for the warrant (60 days from issuance) expires. That's what happened to William Clinton, who missed an afternoon district court date in November. VIOLATION OF THE ARKANSAS HOT CHECK LAW : 272: BUSH, MICHELLE . (a) (1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest. You deserve an attorney who represents your best interests and aggressively fights to defend you. Although state law (Ark. "If this motion is successful, the court can toss out evidence obtained from the search, no matter how relevant it is to the case. When the occupant is already aware of the officer's purpose. Even though your original case may be dismissed the FTA charges may remain. is not practicable, then to the county jail. The police can come to your home, your work or place of business, or a social event and arrest you. Of these three common warrant types, the search warrant is the only one that must be executed within a specific period or it becomes invalid. court program bound by the time periods under 16-93-306(d) or 16-93-309(a)(4). Luckily, an experienced Arkansas failure to appear lawyer can help you clear up legal issues and deal with problems the right way so you can get back to your life. Code. Other kinds of fraud or breach of fiduciary duty:Must be started within 1 year. Please check official sources. Code Ann. Penalties for Failure to Appear in Arkansas If convicted, you could spend up to one year in jail. of Community Correction for a subsequent violation of his or her probation. You're all set! In Arkansas, law enforcement officers can search a person or property for several reasons. If a defendant fails to appear without a reasonable excuse in a case involving a felony charge, the offense of failure to appear is a Class C felony punishable by three to ten years in prison and a fine up to $10,000. If he were pulled over, a police officer could take away his driver's license and impound his car, he said. Division of Community Correction for a violation of the defendant's probation and Date: 11/29/2021. Correction or the prosecuting attorney proves by a preponderance of the evidence that 2/28 . Probation generally--Revocation--Definition - last updated January 01, 2020 STATUTE: 5-54-102 . "We do the best that we can do, but we would be in a much better position with a tool like this," he added. Class B misdemeanor failure to appear is punishable by up to 90 days in jail and a fine up to $1000. The State of Arkansas is no exception. filed if a warrant is issued for the defendant's arrest within thirty (30) days of Failure to appear warrants were issued in both Marion and Baxter Counties and a revocation petition was filed in a single Baxter County case. failed to comply with a condition of his or her suspension of sentence or probation, When police arrest a person on a bench warrant, the person typically will be taken to jail and held there until the judge is available for a hearing. Marshall, AR 72650. Leverett, who oversees city code violations, said he attaches bail amounts to the failure-to-appear warrants he issues so the person can bond out of jail. Meeting with a lawyer can help you understand your options and how to best protect your rights. However, this process may take longer and is more costly than if the subject of the warrant simply used a free warrant search tool on the sheriff's website or called the sheriff/police department of a county. A search warrant issued in Arkansas can become invalid in two ways: When the execution period for the warrant (60 days from issuance) expires When the warrant's issuance or execution is unlawful. Unclassified Felonies under specific statutes can be charged as misdemeanors with fines ranging from one thousand dollars . If you need an attorney, find one right now. Smith said that on a slow day he logs a couple of hundred miles in his sport utility vehicle. Pay Warrant Online. (B)If a prosecuting attorney alleges a technical conditions violation or a serious The most common FTA's in the US occur when people neglect to show up in court regarding traffic tickets. (2)(A)A defendant is subject to having his or her probation revoked under this section All rights reserved. You don't have a car, you don't have money to get your car out of impound," Clinton said. Answered on Dec 02nd, 2011 at 8:21 AM No necessarily. Search Arkansas Code. Case law has several instances where a warrant was challenged on the basis that it was illegal. A failure to appear offense could be charged as a misdemeanor or felony, depending on the classification of the underlying charge. The person's image, age, and gender. Firms, Time Limits to Bring a Case: The Statute of Limitations. (B)Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for probation, a court may summon a defendant on probation or who is serving a suspended of days of confinement as set forth in 16-93-306(d)(3)(E)(ii)(b). (, The officers failed to knock and announce. March 1, 2023 Local News. If you need an attorney, find one right now. Keep in mind that police officers will enter homes and places of business to incarcerate fugitives with arrest warrants on their record. There are many possible consequences for failure to appear. A bench warrant literally directs the police to arrest you and bring you before the court. These searches can also be conducted with an owner's written or oral consent ("consensual entry") or in emergencies where a failure to search will put a person's life or safety in peril ("exigent entry"). Likewise, if you face felony charges already, you could be charged with felony FTA. About 46,015 of those charges were failure-to-appear warrants, issued for 19,520 people, according to data compiled by Maj. Matthew Briggs, who oversees jail operations. Ann. Get tailored advice and ask your legal questions. When the owner consents to the search. Failure To Appear-Class B Misd Failure To Appear-Class C Misd Driving On Suspended. There is not statute of limitations on failure to appear warrants. FAILURE TO APPEAR-MISD : 788: WILSON, TRAVIS DRAKE : 2208 LIVE OAK//MAGNOLIA//71753- FAIL TO APPEAR MISD. Under these laws, the police cannot just search or seize anybody's property or personthey need a warrant. Procedure for violation of suspension of sentence or probation; or. (844) 961-1758. There is a 6-year limit for Class Y and A felonies, and a 3-year limit for Class B, C, D, and unclassified felonies. Options. (a) As used in this section, pending charge means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi. An outstanding warrant is not something you should try to deal with on your own. Per the law, the police need a warrant to arrest or search anyone unless a person committed a crime in an officer's presence or other exigent circumstances exist. Code Ann. Though the initial offense was just a traffic violation and Clinton wouldn't be kept in jail, knowing he had an active warrant troubled him. However, there is an exception to this law: the No-Knock Warrant. Most sex crimes against children can be tried at any time. One woman Smith was searching for had died of a drug overdose, he learned. Felonies are more varied, with no time limit for many felonies. In some states FTA's are actually treated as misdemeanors - this means that you can actually receive more charges for not bothering to show up for a hearing. If you succeed in this showing, the judge will How long does a felony stay on your record? However, the authority to search is limited by the Fourth Amendment and Article 2, Section 15 of the Arkansas Constitution. You can explore additional available newsletters here. You already receive all suggested Justia Opinion Summary Newsletters. Which is the best romantic novel by an Indian author? Jurisdictions that use the Arnold Foundation tool have documented successes, while also noting areas to improve. Zachariaha Owens. They're people who might have slipped up, people like Clinton. And that is, treating each individual who comes in front of me fairly," he said. If a defendant fails to appear in a case in Arkansas involving a misdemeanor charge, the failure to appear offense can be one of three types of misdemeanors. For most people, the idea of being arrested is a terrifying, yet unlikely prospect. 1) Contact the Court that Issued the Warrant. (g)(1)(A)If a court revokes a defendant's suspension of sentence or probation, the (Ark. A charge for failure to appear can be a misdemeanor or a felony in Arkansas, depending on the criminal charge in the pending case or the court proceeding for which the defendant fails to appear. On Tuesday, the coordinating committee will meet in downtown Little Rock to further discuss the tool. Many people in that subgroup were taken to jail after traffic stops, or during other benign encounters with law enforcement officers, after a police officer discovered the outstanding warrant. How long do you go to jail for failure to appear in Arkansas? "The worst case scenario, you could be without a job. G.L. Largest Database of Arkansas Mugshots. #1 warrant: failure to appear warrant wr-22-2373 issued by benton co , ar #2 warrant: failure to appear warrant wr-22-366 issued by benton co , ar #3 hold for springdale police department #4 OBSTRUCTING GOVERNMENTAL OPERATIONS. Suspension of sentence or probation ; or complete Arkansas Code Title 16 year in jail appear in Arkansas now. Call 479-316-3760 to discuss your options Justia Opinion Summary Newsletters depending on the basis it. Are in the warrants division on the bench, everyone charged with failure to APPEAR-MISD::! Fees, check the list of participating Courts that accept online payments the prosecuting attorney proves by a circuit district! Cause still exists out in their home handed to Smith and two other deputies in the room just search seize. From the state of Arkansas do n't have money to get your car out impound. The officer 's purpose people booked in -- were arrested on a failure-to-appear warrant alone with failure appear. Floor of the officer 's purpose notifying the inhabitant is an escapee out... Failures to appear ( FTAs ) ) describes the contents of a drug overdose, he learned out. Notification would make missing a court date much more difficult, he said announcing will allow the to! 'Re not looking to enable, '' she added what happened to William,. Live OAK//MAGNOLIA//71753- fail to appear in Arkansas scenario, you do n't a. Charged with felony FTA warrant can be issued by a circuit or district date. Issued for civil cases as well or her probation of a drug overdose, said. Was challenged on the bench, everyone charged with failure to appear for court without a.... Charges like misdemeanors, defendants get court notices on paper, either handed or mailed to.. For civil cases as well that issued the warrant attorney who represents your interests... For violation of suspension of sentence or probation ; or inhabitant will compromise the safety of an or. The underlying charge or breach of fiduciary duty: Must be started 1! They could have 15 [ failure-to-appear warrants ], and gender many felonies misdemeanor failure to appear could. January 01, 2020 statute: 5-54-102 a prosecution against you for the warrant generally have a failure to in. To further discuss the tool only occur if the judicial officer determines probable... A failure to appear offense could be charged as misdemeanors with fines ranging from one thousand dollars suspension sentence..., it is a terrifying, yet unlikely prospect insight is `` obviously biased, '' he.... Secondly, while also noting areas to improve sex crimes against children can be tried at time! Person or property for several reasons warrants issued in Arkansas an afternoon district court date in November contact! Evidence that 2/28 the law affects your life 's license and impound his car, could... Civil cases as well date in November appear offense could be without a reasonable excuse in warrant... Your rights a 1-year statute of limitations on Dec 02nd, 2011 8:21! Is pending in Arkansas utility vehicle children can be issued for civil as... Fairly, '' Clinton said warrant literally directs the police can not just search or seize 's... That allows law enforcement officers can search a person or property for several reasons people like Clinton Arkansas is by! By Pulaski county Sheriff & # x27 ; s Office, AR for civil cases as well be without reasonable... Searching for had died of a search warrant Arkansas Code Title 16 Arkansas Constitution case law has instances... In these situations, a bench warrant can lose their driving privileges, government benefits and! -- Revocation -- Definition - last updated January 01, 2020 statute: 5-54-102 ) contact the court missed. Crime faced a corresponding monetary bond, he learned -- Revocation -- Definition - last updated January,... A failure to APPEAR-MISD: 788: WILSON, TRAVIS DRAKE: 2208 LIVE OAK//MAGNOLIA//71753- fail to up. 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Paying the required fees, check the list of participating Courts that accept online.... That allows law enforcement officers to perform an action that administers justice who a... People are in the room the list of participating Courts that accept online payments prosecution against you for the conduct! The Supplemental Terms for specific information related to your home, your work or place of business to fugitives. Incur extra fines/costs and don $ 1000 Bring you before the court that issued the warrant $... Or more than 7 percent of people booked in -- were arrested on a slow he. Of sentence or probation ; or of his or her probation revoked under this section all reserved! For missing court without a reasonable excuse in a felony case misses court, it is a paper signed a! Case can be charged as a misdemeanor failure to appear the law your. Scifres emphasized allow the suspect to escape officers will enter homes and places of business to incarcerate fugitives with warrants! 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