If you’ve ever been arrested or have seen the police apprehending someone, you will know how an unpleasant ordeal an arrest can be. People suspected of criminal activities are mostly caught by surprise when the police come knocking with a warrant in their hands. The majority of people who’ve been arrested in the past weren’t aware of a warrant for their arrest before the police caught them by surprise.
It is to say that when the judge issues out a warrant for your arrest, no one from the government will call to inform you about it. You have to find out about it by yourself and act in time before suffering the embarrassment. But how can you discover if there’s a warrant for your arrest? Working with an experienced criminal attorney can help you with that and guide you on avoiding implicating yourself further.
What is a Warrant?
Before we delve into how you could determine whether there’s a warrant for your arrest, let’s look into what a warrant of arrest is and its role. Just as its name suggests, an arrest warrant will be a formal document given out by a judge to law enforcement officers for the arrest of the individual named in that warrant. California court judges have many reasons why they would issue out an arrest warrant against a particular person. The main reason is if the person named in the warrant is on suspicion of having committed a criminal offense.
Based on the reason for your arrest, your warrant will lay down the strict way in which law enforcement officers must arrest you and the bail amount you may be required to post for your release before trial.
California law provides two types of warrants that a judge can issue out to arrest a particular individual. They are:
An Arrest Warrant
It is the type of warrant issued against a person suspected of committing a criminal offense. A court judge issues out authorization for your arrest to the police, who are required to look for, and apprehend the person named in the authorization. Judges issuing arrest warrants do so through a court order based on the evidence presented in court by a prosecutor or peace officer or after an indictment by a grand jury. A valid arrest warrant must contain the following information:
- The name of the offender
- Criminal offense the offender is suspected of having
- The time of the warrant’s issuance
- County and city of issuance
- Title and signature of the issuing judge
- The Court name
Bench Warrant
It is the type of arrest warrant issued against a person believed to be in contempt of court. It might occur if a person named in the warrant failed to appear in court for a court proceeding or court date as ordered, the person was unable to pay court fines, or he/she failed to abide by a particular court order.
Note the following:
Law enforcement agents are not required to use a deadly weapon to execute an arrest warrant unless necessary.
A bench warrant doesn’t expire. It will remain active until:
- The issuing judge recalls it.
- You appear in court as ordered.
There is also a search warrant, which doesn’t give the police authority to make arrests. Search warrants only allow them to search the individual named in that warrant, the residence of the person, their vehicle, business place, or any specific place or area the person may have evidence of unlawful activity. Search warrants outline the particular location or personal property that the police must search. They also contain the factual basis for the search. Additionally, they have a time frame within which the police must conduct the search.
California law also provides that the police must have an arrest warrant before arresting you. You have a right to ask to see the arrest warrant if the police come knocking and ready to make an arrest. For the policemen to obtain a warrant for your arrest, they must first submit an affidavit to a judge. The affidavit is issued under a vow, and it contains enough and truthful information that the individual named on the warrant committed a particular crime.
An affidavit is a written declaration that provides factual information that the individual making accusations insists on being accurate. An affidavit also bears the signature of the person making accusations and a statement to show that he/she is ready to be prosecuted if the court discovers any of the information provided to be false.
Note that a California judge can refuse to issue an arrest warrant if he/she feels that the affidavit information is not enough or doesn’t match the narrative provided by the person making accusations. The judge could also decline to issue out an arrest warrant if there isn’t any witness to the offense the person is accused of committing.
How to Discover Whether There is an Active Warrant For Your Arrest in California
When there’s a warrant for your arrest, you can be suddenly arrested, with no prior warning. It means that the police can apprehend you any moment they spot you, whether you are at home with your family or in your workplace. It can happen during the day or even at night. As previously mentioned, a sudden arrest is not pleasant. The arresting officers will not give you a chance to get ready or explain yourself to your family or colleagues. That is why it is crucial to find an arrest warrant issued against you before the police come after you. You will be saving yourself the embarrassment and also prepare yourself for the legal battle ahead.
Fortunately, there are ways through which you can figure out whether there is an arrest warrant for you in California.
Look Up State or County Records Online
The internet is currently the fastest and easiest mode to find information nowadays. The good thing is that you can conduct an online search from wherever you are. If you’ve been involved in a domestic violence situation, and you believe that the other party called the police, you have a strong reason to suspect that there’s an arrest warrant out there for your apprehension. You could also be suspicious if you or your friends were involved in a criminal offense and feel that you might have been implicated.
If a judge has issued an arrest warrant for you, you can easily find it from your county Sheriff's office or superior court. These are offices that have an active online presence, where information is updated regularly. Visit one or both office’ websites and check out whether there’s an arrest warrant under your name. Knowing about the warrant first before your arrest will help you plan on the best way forward. You might even engage an attorney’s services for advice and defense if you feel that you might be standing trial soon.
Start by searching your name in California Arrests. If indeed there’s an arrest warrant for you, you’ll find it under Los Angeles County. Alternatively, you can try searching here directly if you suspect an active arrest warrant for you in Los Angeles.
Alternatively, you could search your name through the state’s Superior Court’s website for a warrant that a court could have issued for your arrest. Once on the website, run a search for arrest warrants. But you need to enter specific information like your full name, date of birth, driver’s permit number, and court case number for more accurate results.
Run a Background Check on Your Criminal Records
Running a criminal background check on yourself is another way to know if there’s a warrant out there for your apprehension. A criminal background check provides more information than just active warrants. It will show the schools you attended, your attendance dates, previous criminal convictions, the negative information on your credit report, criminal or arrests records, and active arrest warrants under your name.
Background checks are mainly conducted by companies or potential employers right before they engage a person’s services. You can also perform a background check on yourself over the internet by searching criminal records, public records, or government agency records. Again, you can hire help locally or pay a third party to execute the background check on your behalf.
From the results, you will be able to know whether or not you are subject to an arrest warrant, if you’re suspected of any criminal activity, or are exposed to possible criminal liability. You will also know whether you are wanted by the police or any other law enforcement agency or are suspected of violating any section of the State’s Penal Code.
Remember that when a judge issues out a warrant for your arrest, a court clerk will enter it into the police website. Entries like these are accessible across the country through the US Department of Justice. It means that all police officers in the country have access to this information and can arrest you on sight.
Contact a Police Station or Federal Court Close to You
This is still another way to determine whether there’s a warrant of arrest under your name in California. However, only do this if you’re ready and willing to answer the police or magistrate’s questions. If you have a strong reason to believe that there might be a warrant for your arrest and would like to get it over and done with, you can contact the police or pay a visit to a federal court in your area. But if you’re still skeptical about it, you could have someone else make the inquiries on your behalf.
When you contact a police station or federal court to make inquiries about arrest warranties, you will be required to provide your personal information, like your full name and birth date. The officer in charge will use the information provided to scan through their database and provide you with the information you require.
Contact an Experienced Criminal Attorney
Hiring the help of an experienced criminal attorney is an excellent option if you’re unwilling to go through the hassle of finding the right information yourself. Registered attorneys in Los Angeles have access to the county’s database and other databases that may not be available to the public. Thus, you are likely to find more accurate information if you engage the services of an attorney.
If you have a firm conviction that the police could arrest you at any moment, you should hire an attorney right away. Your attorney will help you understand your current situation and also walk you through the legal process if need be. He/she will also advise you on the right steps to take if indeed there’s an arrest warrant for you.
What To Do If There’s a Warrant for Your Arrest
Many people will do everything possible to avoid an arrest, even if it means running away. After all, an arrest will appear on your criminal record and impact various aspects of your life, whether professional or social. However, running away worsens your situation. If you find out that there’s an arrest warrant under your name, it is best not to run. Running makes you live as a fugitive and might be proof that you could be guilty as charged. You need to remain calm even as you strategize on what to do next.
It is vital to establish why the court has issued an arrest warrant under your name. As earlier mentioned, if you already suspect that there could be an arrest warrant in your name, you might have an idea why a judge could have issued it in the first place. Find out the gravity of the charges you are facing, and then plan wisely. Again, if you already have an attorney in mind, contact him/her right away. Let your attorney find out more about your charges and the kind of evidence the police have against you. If not, this is the best time to consider engaging the services of an experienced Los Angeles criminal attorney.
An experienced attorney will find out every detail regarding the warrant and then advise you accordingly. Note that you could be mistaken. The arrest warrant in your name could be someone else’s that has a similar name to yours. Do not be quick to contact the authorities until you are sure that the warrant is indeed issued for your arrest.
If the arrest warrant is in your name, your attorney will proceed to establish if indeed you are facing charges for a particular criminal offense. If the warrant is not necessary for some reason, your attorney will walk with you to court to have it cleared. It means that you will not have to spend any minute behind bars. But if the charges are genuine, your attorney can find out the bail amount and start planning for your earlier release awaiting trial. Release on bail prevents you from spending more time behind bars and gives you enough time to prepare for trial.
If, on the other hand, you find out that there is a bench warrant issued out for your arrest, you must appear in court for the warrant to be rendered inactive. Note that your criminal attorney can appear in court on your behalf under the following circumstances:
- That you failed to appear in court on set court dates
- You failed to make payments related to a misdemeanor offense you were accused of committing.
In any case, the presence of an attorney is paramount. The judge has an option of placing you in custody as long as there is a warrant for your arrest, even if you appear in court as an attempt to clear the warrant. However, an attorney can save the situation by convincing the court that detaining you is unnecessary.
Additionally, you need the advice of an experienced criminal defense attorney to avoid making mistakes that could implicate you further. As earlier mentioned, many people will run if they learned of an arrest warrant under their name. However, this is a mistake that could worsen your situation. An attorney will ensure that you do the right thing for a more favorable outcome, even if the right thing at that instant means facing the authorities.
An attorney that has handled similar issues in the past will know the right procedure to follow to ensure that you are not spending time behind bars. He/she will also be there to represent you if you end up in court for trial.
Find a Los Angeles Criminal Lawyer Near Me
If something happened that made you suspect that there might be a warrant out there for your arrest, find it first before the police come knocking. Fortunately, this kind of information is easy to find these days. Engaging the help of an experienced criminal attorney makes the search even more straightforward. At Los Angeles Criminal Attorney, we can help you determine whether there is a warrant for your arrest and guide you on the right thing to do until a court resolves the matter. Call us at 424-333-0943 and let us help you work your way to freedom.
