Have you learned that law enforcers have been asking questions about you, and you fear that you may face arrest? If so, knowing the ideal steps to take is essential for your future freedom. Running to hide in the Caribbean is not the ideal response as you see in the movies. Then again, turning yourself in without prior planning is a poor choice and could turn out ugly, especially on the weekend or in the evening.
Facing arrest on a warrant could be unsettling. Imagine law enforcers knocking at your door and demanding entry. It is disturbing and dangerous to you and your loved ones. If you face arrest at your workplace, it could be embarrassing, and you risk losing your job. Due to this, you want to seek a lawyer’s help if you learn that the court has issued a warrant for your arrest.
You want to take the arrest warrant seriously as it remains in effect until the court cancels it or you, the suspect, face arrest. Your attorney could also help you resolve the matter. They could provide information concerning the arrest warrant, defense options, and legal representation services. Learn what to do when there is a warrant for your arrest in this article.
Understand What an Arrest Warrant Entails
A California judge could issue a warrant for your arrest if the police suspect you committed an offense outside of their presence. The court issues arrest warrants based on the law enforcement’s evidence or a jury’s indictment. Elements that a warrant of arrest must entail for it to be valid include:
- Your name (the suspect)
- Your alleged offense, whether a DUI or criminal crime
- The time of arrest warrant issuance
- The state, county, and city issuance
- The issuing judge’s title and signature
- The name of the court
The Issuing of a Warrant for Your Arrest
As mentioned earlier, a judge has the jurisdiction to issue an arrest warrant in two ways. Before a law enforcement officer obtains a warrant, they must show probable cause that you committed an offense. That means the officer must have a reasonable belief that you were committing a criminal activity. The law considers the arrest warrant as a Ramey warrant.
The prosecutor reviews the police’s “pitch” and if they believe you should be arrested, the prosecution files for an arrest warrant in court. The judges issue a warrant if there is probable cause that you committed the crime. The judge can also issue a warrant for your arrest following a grand jury indictment.
The jury could meet to determine if there is enough information to charge you with a crime. If there is probable cause, it triggers an indictment, and the judge issues an arrest warrant. The police must take you in custody once they receive the arrest warrant. They are charged with “contempt of the court” should they fail to take you to court.
Check if there is an Outstanding Arrest Warrant
Arrest warrants are issued for many reasons, so it is vital to learn why by checking online. You could have failed to appear for a parole check-in or do community services, which made the judge issue our arrest. You could search if there is a warrant for your arrest in California using three main ways, including:
- Checking the county that could have issued the warrant by searching the court’s or sheriff’s website
- Checking for the warrant on the Superior Court of California’s website
- Performing a criminal background check
The first method applies when you know what California county could have issued the warrant. You could visit the court’s website or that county sheriff’s office website. You could also use the California Arrests website to check if a warrant was issued in a particular county.
The second method involves looking for the information by searching the appropriate Superior Court of California’s website and running a warrant search. You need to enter particular information during your search, including:
- Your full name
- Date of birth
- Your driver’s license number
- Your court case number
Finally, you can run a criminal background search on yourself to know if you are the subject of a warrant. You could do this by searching:
- Public records
- Criminal records
- Government agency records
You could also pay a local service or a third party to run a background check on your behalf. A background check shows that you are subject to a warrant, a wanted suspect, or exposed to potential criminal liability. You can also learn if you are wanted by the police or have violated certain California statutes.
You could also pay a local service or a third party to run a background check on your behalf. A background check shows that you are subject to a warrant, a wanted suspect, or exposed to potential criminal liability. You can also learn if you are wanted by the police or have violated certain California statutes.
There are two types of arrest warrants in California, so you want to find out the outstanding one. They are:
1. Arrest Warrant
An arrest warrant is a court order the judge issues for your arrest after you violate the law. Normally, the police obtain this warrant after investigating the allegations against you. After the judge is convinced that there is a reasonable suspicion that the offense was committed and you were involved in the crime, they sign the arrest warrant.
Once the judge validates the warrant, the police have the jurisdiction to detain you. Law enforcers could come to your house or workplace to arrest you. The procedure ensures you are arraigned in court. An arrest warrant could require that a particular bail amount be paid before your release. A bail’s primary purpose is to make sure you attend court sessions during court dates.
After taking you in custody, the police could ask you to write a statement concerning the alleged crime. You want to contact your lawyer before you make any statement as it could be used against you.
2. Bench Warrant
The judge issues a bench warrant when you fail to appear in court after the police or a judge orders you to do so. Upon issuing a bench warrant, the judge requires the police to locate and arrest you. A bench warrant applies when the judge has ordered you to appear in court for a hearing or after violating probation terms. The judge could also issue a bench warrant if you are a witness who has been ordered and fails to appear in court.
You want to talk to your lawyer if there is a warrant issued for your arrest as it could result in an enhanced penalty like jail time and substantial fines. The court could also impose probation and fines. Often, your driving privileges are withdrawn if the court issues a bench warrant. And, if the law enforcers pull you over because of a simple traffic infraction, they will immediately arrest you.
Contact Your Criminal Defense Lawyer
If you discover that you are named in an active warrant, it is recommended that you contact a reputable lawyer. Your lawyer could help with any type of warrants. They could advise you whether a warrant for your arrest exists, what the arrest warrant is for, and the bail amount you should post. At times your attorney could take you directly to court and have the arrest warrant cleared without your having to be detained in jail.
Particular rules must be followed after the judge issues an arrest warrant. Blunders in any step of the process could result in the warrant failing. If the court considers the search illegal, the findings and evidence against you could be dismissed. If the statements that resulted in the issuance of the warrant were false, your attorney could cast doubts in the case and drop your charges.
Your defense attorney could appear before the judge on your behalf if you cannot appear for a court session, or you cannot pay bail for your misdemeanor crime. The judge has the discretion to place you in custody when you appear in court to try clearing the arrest warrant. That is why you want to have a lawyer to make sure you are not detained after appearing in court.
Post the Set Bail Amount
When the judge signs a warrant for your arrest, they set a bail amount if the charge is a bailable offense. If you post the bail, the warrant is resolved or quashed. After resolving the warranty, the judge sets a new court date if you failed to appear in court. You must appear on the new court date or have your attorney represent you. Missing more court dates, the court could impose harsher penalties or cause further delays.
You could pay bail in different forms like check/ cash, property worth the bail amount, a bond, or waiver of payment on certain conditions in California. You can work with a bail bond agent to pay for your bail or ask your lawyer to look for a reputable bail bonds agent. Note that some crimes preclude bail, including capital offenses, felony crimes like sexual assault, or where you threatened to cause severe harm to someone else.
Find a Criminal Defense Lawyer Near Me
If a warrant of your arrest is issued, you want to contact an experienced attorney for legal assistance. Don't ignore the warrant and wait for the police to look for you. The police would arrest you at home in front of your loved ones or at your place of work in front of your boss, colleagues, or customers. Being arrested at your workplace or home could result in you losing your job or facing embarrassment in front of your kids.
At The Law Offices of Ross Howell Sobel, we have convinced even the toughest jurors to release defendants on their recognizance after being arrested on warrants. We have helped many clients fight warrants issued for their arrest in San Fernando Valley and Los Angeles, CA. We will represent you in court and have you released from custody. We also help with contacting a reliable bond dealer to pay your bail amount and facilitate your release. When you learn about the warrant for your failure to appear in court or for your arrest, contact us at 818-582-2350 immediately for legal help.
