Hello there:Thank you for your questions. To rephrase, the question is whether a private entity or person can file an arrest warrant for failure to appear. I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel. But that said, the answer is no. "Failure to appear" is a crime where a criminal defendant who has been lawfully summoned or ordered to appear in court fails to do so. A warrant may be issued by the court or by law enforcement, but a private individual or company does not have the state's power to decide for someone to be arrested. Frankly, even if it was possible, why tell the person who is to be arrested? Why not just have them arrested? Why give them any warning? It it not legally possible, and warning the person would not make sense anyway. In a word, the answer is "no."
Let me know if further clarification is needed. Thank you.
I appreciate the new question, but it does not change the answer. "Failure to appear" is a crime where a criminal defendant who has been lawfully summoned or ordered to appear in court fails to do so. If there is no summons or order to appear, there is no warrant, period.
Hypothetically, if you did fail to appear for a mandatory court appearance, the sheriff's office would call you to let you know except for some serious crimes.
If there are any lingering doubts, it is possible to just call the sheriff's office in the county where the warrant allegedly issued and ask if there is an outstanding warrant. They are usually glad to tell you for a low-level offense if there is because people oftentimes turn themselves in and it saves them a trip.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).