Arrests without a warrant are possible if you commit a crime in the presence of an officer. However, a police officer could request an arrest warrant from a judge if they believe you have committed an offense and there is an ongoing investigation. In the case of a warrant, the police must have reasonable suspicion to arrest you. It is important to note that the choices and actions you make upon discovering an arrest warrant can greatly impact the outcome. This article provides details on what you can do when there is a warrant for your arrest.
Speak with a Criminal Defense Lawyer
If you suspect there could be a warrant for your arrest, the first and most crucial step is to contact a qualified criminal defense lawyer. With their assistance, you can determine whether a warrant has been issued. Being the subject of a California arrest warrant can be extremely distressing, especially if you have not committed any criminal acts and do not understand the reasons behind the warrant.
When someone discovers they have a warrant, it is common for them to flee. This could be due to fear or a lack of understanding about the seriousness of their actions. Your lawyer will guide you on how to proceed to avoid worsening your situation. Seeking legal counsel promptly can also assist in challenging the legality of the arrest and potentially keeping you out of jail.
Legal counsel is essential, whether you choose to contest the warrant or surrender yourself. Presenting yourself before the judge with legal representation could work in your favor and establish you as a responsible individual. Additionally, your counsel could attempt to persuade the judge to grant you bail to ensure your return on a predetermined date. Your flight risk is one factor that could affect the amount of bail. If you appear in court before your arrest, the judge could have more confidence in your ability to appear in court and can impose a reduced bond amount.
If you manage to escape to a different county while there is an outstanding arrest warrant, an extraction could be necessary. This means that you will be returned to the county where the warrant was issued and will face significant charges in court. If you find yourself in another jurisdiction and could potentially face extradition, it would be highly beneficial to consult with a criminal lawyer.
Find Out Why You Have an Arrest Warrant
Discovering that there is an arrest warrant out for someone can cause a great deal of anxiety. In such situations, it is crucial to remain calm and proceed with caution. Fleeing or hiding will only worsen the situation and could raise suspicions of guilt. It is advisable to learn the reason behind an arrest warrant if the court contacts you and informs you of it.
This is often crucial, especially if you are unaware of any unlawful activity you could have engaged in. Once you have access to the specifics of the warrant, it is important to discuss the next steps with your attorney. Occasionally, you could receive an arrest warrant that does not belong to you, or the offense you are charged with could have been committed by someone else with the same name.
If you have a history of legal troubles, it would not be surprising to learn that you could potentially receive a warrant. While it could come as an unexpected development, engaging in illegal activities could lead to the issuance of a warrant. In such situations, it is advisable to let your lawyer handle the matter. Attempting to gather more information on your own could potentially result in an immediate arrest.
Turn Yourself To The Authorities
Authorities could take you into custody to carry out any arrest warrants that the court has issued. If the police have reasonable suspicion that you are inside your home and you refuse to open the door, they could use force to gain entry. Your home is the most likely place the police will search for you.
Officers don't need to bring a physical copy of the original warrant when making an arrest. However, they must be able to demonstrate that they are aware of its existence. This often occurs when an officer pulls you over for a traffic check and discovers that you have an outstanding warrant. Occasionally, a copy of the arrest warrant could arrive in the mail, notifying you of your court appearance on a specific day. This allows you to appear in court without being taken into custody.
If you are accused of committing a misdemeanor, you could receive a citation and then be released. In cases where there is no formal arrest, you will receive a citation and be free to return home with the commitment to appear in court at a later date. However, if you fail to show up on the scheduled date, you will be formally arrested and could face jail time and fines imposed by the court.
Police officers could face contempt of court charges if they neglect to carry out an arrest demand. If you believe there is a warrant out for your arrest, it would be advisable to consult with your lawyer on whether or not to turn yourself in. By doing so, you could have the possibility of being released on recognizance before an actual arrest takes place. In such a case, the judge could release you and provide a date for your next court appearance.
The bail amount required to ensure your appearance in court will depend on the offense for which an arrest warrant was obtained. In California, the severity of the accused's offense determines the bond amount for each defendant. Your criminal record and flight risk are also taken into account when determining bail.
Challenge the Arrest Warrant
You have the same rights as in other parts of the judicial system to contest an illegitimate arrest warrant. If an officer injures you while executing the warrant, you could also attempt to contest it. You can strengthen your case by highlighting any mistakes made by judges who issue warrants. A valid warrant requires a judge's signature and an order for your immediate arrest and appearance before the court.
An arrest warrant is invalid, and a law enforcement officer cannot detain you if it does not meet the required standards. If you find yourself in such a situation, it is advisable to consider contesting the arrest warrant with the assistance of a skilled criminal defense lawyer. This can help prolong your freedom and ensure that your rights are protected.
It is not uncommon for someone to be arrested in a county where an arrest warrant has been issued. If this happens, the police will inform you of your right to appear before the county judge in the location of the arrest. However, if you are apprehended outside of your state, you could be considered a runaway. Being in a fugitive status can lead to more severe punishment and additional charges for evading the law.
With the assistance of your criminal lawyer, you can attempt to demonstrate that you were unaware of the arrest warrant for you.
How to Get a California Warrant Cleared
If you have an outstanding warrant for your arrest, it is advisable to take steps to have it removed from the court files. In California, the type of warrant issued can greatly affect the process of getting it removed. In cases where there is evidence of your involvement in a crime, an arrest warrant is typically issued. However, if you are the subject of an investigation and your criminal defense attorney can demonstrate that you did not commit the crime, they could be able to have the warrant denied.
On the other hand, individuals who have committed crimes are not the focus of a bench warrant. Bench warrants are primarily issued when someone fails to comply with a court order or neglects to pay fines. Those who disobey court orders could face penalties for contempt of court, such as fines, license suspension, or even imprisonment. If you are arrested and granted bail, failing to appear for the hearing will result in the forfeiture of your bail and the issuance of a bench warrant for your arrest.
The judge dismisses a bench warrant, effectively removing it from the judicial system. It is advisable to appear before the magistrate to have your bench warrant revoked if you failed to attend a scheduled court session. In the case of a misdemeanor that led to the warrant's issuance, your attorney could be able to have it revoked without your physical presence. A bench warrant needs to be issued within a reasonable time frame, similar to an arrest warrant. If the warrant is not executed correctly, you have the option to file a request for its revocation.
If you suspect there might be a warrant, going to court with your attorney is an excellent way to address and clear the warrant. However, it's important to note that there is a possibility that the court could use this opportunity to take you into custody. In such a situation, you can explore options like seeking release on bond or paying off the amount owed to the court. It is crucial to have your lawyer present during this process to guide and advocate for you.
What is a Warrant of Arrest?
An arrest warrant order allows law enforcement to detain and apprehend individuals who are believed to be involved in criminal activities. In certain situations, if you commit a crime in the presence of an officer and they have reasonable suspicion, they could be able to arrest you without a warrant. These arrests are based on the officer's observations and testimonies from witnesses to the crime.
Nonetheless, the majority of arrests in California occur after the commission of a crime. Once an investigation is conducted, an officer will request an arrest and search warrant from a judge.
What Factors Influence The Court To Issue an Arrest Warrant?
The court issues an arrest warrant for you based on the following:
Evidence That The Prosecutor Presented
In cases where the district attorney's declaration serves as the basis for issuing a warrant, the officer requesting the warrant must present evidence of reasonable cause that justifies your arrest. Probable cause refers to a reasonable suspicion that you committed the alleged crime. If there is enough evidence to support the case, the judge will issue an arrest warrant.
The Jury's Predicament
In the California legal system, it is uncommon for a judge to issue an arrest warrant following a jury indictment. The prosecution's ability to charge you with a crime relies on the jury's evaluation of the evidence. If the jury finds probable cause, the judge will likely issue the warrant and file an indictment.
A legitimate arrest warrant under California PC 815 must include the following details:
- Your formal names.
- The alleged offense.
- The municipality or county where the warrant was filed.
- Your warrant's issuance date. This is crucial to note since many warrants can only be obtained during specific hours.
- The magistrate's signature on the arrest warrant.
- The bail amount for bailable charges.
- An order to have you taken into custody and brought before the magistrate.
When accused of committing a crime and facing an arrest warrant, it is crucial to respond responsibly and avoid panicking or making hasty decisions. It's important to note that an arrest warrant is valid indefinitely, regardless of any statute of limitations that could apply to the underlying crime. Understanding this information will help you make informed decisions about your next steps.
Find a Sacramento Criminal Lawyer Near Me
The issuance of an arrest warrant indicates that criminal charges have been filed against you. It is crucial to understand that evading the law will only worsen your situation, as it can lead to more severe penalties. Missing a court date or failing to pay fines could occasionally result in the judge issuing an arrest warrant. Having a pending warrant can cause anxiety and put you at significant financial and legal risk.
To contest the validity of the arrest warrant, you should seek legal counsel as soon as you become aware of its existence. If you have a Sacramento warrant for your arrest, you can contact the Foos Gavin Law Firm for assistance. Our experienced team of lawyers will guide you on how to handle the arrest warrant, ensuring that you do not spend any time in police custody. Call us at 916-779-3500 and let us assist you in navigating this challenging circumstance.
