If you commit a criminal offense in the presence of an officer, you can be arrested without a warrant. However, if there is an investigation and a police officer suspects that you committed a crime, they could ask a judge to issue a warrant of arrest. If there is a warrant, investigations into the crime must yield probable cause to arrest you.
The decisions and steps you take after learning that there is a warrant for your arrest could impact the outcome of your situation. Contacting a competent criminal lawyer is the first thing you need to do on suspicion that there may be a warrant for your arrest. Your attorney will guide you through understanding what crime the warrant is alleging and help you clear the warrant before you spend time in jail. We invite you to get in touch with us at the Los Angeles Criminal Attorney if there is a warrant for your arrest, so we can discuss more what you should do.
What is a Warrant of Arrest?
An arrest warrant is an order that gives law enforcement the authority to arrest and detain an individual who is suspected of committing a crime. Sometimes when you commit a crime in the presence of an officer, and they have probable cause, you can face the arrest without a warrant. Such arrests are based on the officer’s observations and testimony from witnesses of the crime.
However, most arrests in California happen after the crime has already occurred. An officer will conduct an investigation and later request a judge to issue the search and arrest warrant. A judge issues a warrant of your arrest based on:
- Evidence provided by the prosecutor. When a warrant is issued based on the district attorney’s declaration, the officer seeking a warrant needs to demonstrate probable cause to prompt your arrest. A probable cause is a reasonable belief that you committed the alleged crime. If the judge is convinced of the probable cause, they issue the arrest warrant.
- A jury predicament. The California justice system’s less common approach is where the judge issues a warrant for your arrest after a jury indictment. A jury is consulted to determine whether a prosecutor has enough information to charge you with a criminal offense. Should the jury find probable cause, an indictment is triggered, and the judge will likely issue the warrant.
Under California Penal Code 815, a valid warrant of arrest should contain the following information:
- Your official names
- The crime for which you are accused
- The city or county in which your warrant was issued
- The time your warrant was issued. This is important to take note of since some warrants are only issued at particular times
- The signature of the judge who issued the warrant
- Amount of bail for bailable offenses
- A command for you to be arrested and taken before the judge
When you allegedly committed a crime and an arrest warrant is issued, it is wise to act appropriately, avoid panic, or make wrong decisions. An arrest warrant does not expire. Even though there could be a statute of limitations for different crimes, the arrest warrant is active until you are arrested, and the legal process has ended. Understanding this fact will provide the necessary information on the steps you should take.
Steps to Take when there is a Warrant for your Arrest
When a warrant for your arrest is issued in California, law enforcement could arrest and detain you. A judge will issue a warrant if you commit a crime outside an officer’s presence and the evidence presented indicates your involvement in the crime. Sometimes, a judge issues a bench warrant if you have violated a court order or failed to show up for a court hearing.
The events that follow the issuance of an arrest warrant could worsen or ease your situation. Therefore, it is crucial to contact a criminal attorney for guidance. Before learning what to do regarding the warrant, it is essential to understand the warrant’s nature and the reason for its issuance. This will help you make the right decisions to ensure the best outcome for your situation.
Contact a Criminal Defense Attorney
The first and most important action you need to take after suspecting there is a warrant of your arrest is contacting a competent criminal defense attorney. With their guidance, you can determine if there is a warrant. Having a warrant of arrest on your head in California could be very unsettling. This is the case, especially when you do not understand the warrant and have not been 9nvolved in any criminal activity.
A common reaction of individuals upon learning a warrant is running away. This could be because of panic or failure to understand the intensity of their actions. Your attorney will help guide you on the steps to take to avoid making your situation more complicated. Also, seeking legal guidance as soon as possible aids in challenging the validity of the arrest and protecting you from spending time in jail.
Whether you decide to turn yourself in or challenge the warrant, guidance from your attorney is crucial. Being accompanied by an attorney while presenting yourself before the judge could win your favor and brand you as a responsible person. Your attorney could also try to convince the judge to offer you bail to assure your return on a set date. One of the factors that impact the setting of bail is your flight risk. Should you show up before you are arrested, the court may have more faith in your return and could set a lower bail.
If you happen to flee to another county with an active arrest warrant, you may be subject to extraction. This means that you will be taken back to the county where there is a warrant and prosecuted for serious charges. If you are in another county and risk facing extradition, guidance from a criminal lawyer will go a long way for you.
Finding out The Reason behind a Warrant for your Arrest
Many individuals tend to panic after learning of an arrest warrant over their heads. One of the things you need to do is remain calm and tread the matter with caution. Running or hiding stops your life and could be used to speculate that you are guilty of the crime. If you are contacted by the courthouse and informed of the arrest warrant for you, it is wise to determine the reason for the warrant.
This is often important, especially when you do not know of any criminal activities you have undertaken. When you learn the details of the warrant, you can discuss the way forward with your lawyer. Sometimes you could be issued with a warrant that is not yours, or the crime for which you are accused was committed by a different person who shares a similar name.
If you have had constant legal issues, it may not be a surprise when you are arrested. Sometimes you may not be expecting to receive a warrant, but you may feel that the warrant could be issued if you have been involved in criminal activity. When you learn of a warrant for your arrest, it would be wise to let your lawyer handle the matter. Any attempt to find out more details could prompt an immediate arrest.
Turning Yourself In
If the court issues an arrest warrant for you, authorities must execute the warrant by taking you into custody. The most commonplace that the police will try to find you is your home. If the police try to use force at your home for failure to open the door, they should have probable cause to believe you are inside the house.
When arresting you, the down does not require officers to bring the original copy of the warrant. However, they need to prove that they are aware of its presence. This may often occur when the officer stops you at a traffic check then realize there is an outstanding warrant for you.
Sometimes, you will receive a copy of your warrant in the mail. You will be required to appear to court on a particular date. This allows you to present yourself before the judge without an arrest.
When you are suspected of committing a misdemeanor, you may be cited and released. A cite and release occur where you are not formally arrested. You will be allowed to go home and promise to appear in court on a future date. Should you fail to appear on the set date, a formal arrest is made and could result in a jail sentence and court fines.
If the police officers fail to execute an arrest warrant, they could be charged with contempt of court. If you believe that there is a warrant out for you, your attorney could guide you on whether to turn yourself in or not. Turning yourself in before an actual arrest may result in your release on recognizance. The judge may let you go and set a court date when you are expected to appear.
Depending on the crime for which an arrest warrant was issued, you could be required to post bail to assure your appearance. In California, bail amounts for each defendant differ depending on the severity of the alleged crime. Also, your criminal history and your flight risk are considered when setting bail.
Fight the Arrest Warrant
Like other justice system areas, you are given a chance to fight against an illegal arrest warrant. You can also seek to fight the warrant if an officer violates your rights during the execution of the warrant. Judges who issue warrants could make mistakes, and you can base your content on these errors. A valid warrant of arrest needs to have a judge’s signature and command your arrest and appearance before the judge without delay.
If an arrest warrant fails the requirements, it is invalid, and a police officer will have no right to arrest you. With guidance from a competent criminal defense attorney, you could attempt to fight an arrest warrant and hold on to your freedom much longer.
It is common for an individual to face an arrest in a different county from which an arrest warrant was issued. Suppose this happens, the authorities will advise you of your right to appear before the county’s judge where the arrest took place. However, when you are arrested out of state, you would be considered a fugitive. A fugitive status could attract an enhanced sentence and additional charges for fleeing from justice.
With guidance from your criminal attorney, you can work to prove that you did not know that a warrant for your arrest existed.
Clearing a Warrant in California
If there is a warrant for your arrest, you can attempt to clear it from the court records. Your ability to remove a warrant in California depends significantly on the type of warrant issued. An arrest warrant is issued when there is evidence to incriminate you for committing a crime. If you are being investigated for a crime, your criminal defense lawyer could prove that you did not commit the crime to prevent issuing the warrant.
On the other hand, a bench warrant is not issued for individuals who have committed crimes. Most bench warrants order your arrest for failing to pay court fines or failure to follow a court order. Failure to adhere to demands of the court is considered contempt of court and is punishable by fines, driver’s license suspension, or a jail sentence. If you are arrested and released on bail, failure to appear for a hearing will result in bail forfeiture and a bench warrant on your head.
Removing a bench warrant means that the judge dismisses it from the court system. If you did not appear for a court hearing and the judge issues a bench warrant, it would be wise to go before the judge to have your warrant removed. If the crime for which the warrant was issued is a misdemeanor, your attorney could help eliminate the warrant without your presence. Like the arrest warrants, a bench warrant needs to be served within a reasonable time. If the warrant is not executed in the right manner, you could seek to have it removed.
Accompanying your attorney to a courtroom after suspecting that there could be a warrant, court be a great strategy to clear the warrant. However, the court may take this opportunity to have you arrested and detained. If you show up with your attorney to clear a warrant, but instead, you are detained, you can work your way to a release on bail or settling the debt you owe the court. Some of the arguments that your attorney could present in an attempt to have you released include:
- You did not receive a notice to appear in court. If you are released on bail or own recognizance, the court alerts you to return to court on a particular date. If you did not receive a notice, your attorney could argue that you haven’t disobeyed the court by failing to appear.
- When you appear to court with your attorney before an arrest warrant is executed, you can argue that you are not the person who commits the crime for which the warrant was issued.
- Your charges were dismissed. Sometimes, your charges may be dismissed, but a warrant for your arrest remains active. This could be a result of miscommunication between the police and the court. If this is the case, your attorney can seek a release for you based on this argument.
- You are compelled to complete all terms of probation. Sometimes a bench warrant is issued if you fail to comply with the terms of probation. To secure a release where there is already a warrant, your attorney could argue that you complied with all requirements but did not know that you needed proof.
Find a Los Angeles Criminal Lawyer Near Me
When a warrant for your arrest is issued, it means that criminal charges have been filed. It is crucial to understand that running away from the law would only make your situation worse by increasing the severity of your penalties. Sometimes a judge will issue a warrant of arrest if you fail to attend a court hearing or do not pay the court’s fines. Having a warrant hanging over your head can be stressful and lead to severe legal and financial trouble.
Seeking legal help as soon as you realize there is a warrant for your arrest is critical to challenging its validity. If there is a warrant for your arrest in Los Angeles, we invite you to contact the Los Angeles Criminal Attorney. Our skilled team of attorneys will guide you on the steps to take towards handling the warrant for your arrest to ensure you do not spend time in police custody. Call us today at 424-333-0943 and allow us to guide you through the difficult situation.
