What is an Arrest Warrant?
In California, there are two ways to be arrested: by committing a crime of some kind in the presence of an officer who might then arrest you, or by having a California arrest warrant issued in your name.
A warrant is a document ordering a person’s arrest and attention. There are two types of warrants: arrest warrants and bench warrants. Each comes with its own set of regulations and procedures, but no matter the case, the most prudent course of action following an arrest or bench warrant in San Diego is to retain an experienced Criminal Defense Attorney that will advocate on your behalf.
Bench Warrants in San Diego
Bench warrants act as a court order for an inDIVidual’s immediate arrest. Issued by a judge—hence the term “bench” warrant—a bench warrant is usually ordered when an inDIVidual fails to make his or her court appearance as scheduled in the following circumstances:
- After a judge ordered you to personally appear in court
- After a police officer gave you a citation
- After an indictment—a criminal charge—where the superior court has fixed a date and location for your appearance
- After being released from custody and promising to appear
- Failure to appear for your sentencing or conviction, after a plea or trial
- Failure to show proof of your progress in or completion of community service
In addition, some bench warrants are issued for failure to pay a fine, whether it is a large penalty fine or just a set of unpaid parking tickets.
Just as in the case of an arrest warrant, when a bench warrant is issued in San Diego, California, law enforcement is legally authorized to arrest you and to take you into custody. Thereafter, you will be brought before a judge who will determine the status of your case.
Criminal Defense of Arrest Warrants in San Diego
An arrest warrant is another type of court order issued by a judge for a person’s arrest and detention. Unlike a bench warrant, however, an arrest warrant is not necessarily ordered for an accused’s immediate arrest. In fact, most arrest warrants are issued only when the police have a reasonable suspicion that some kind of criminal activity has occurred, or after a grand jury indictment. In many cases of arrest warrants, many San Diego County residents don’t even know that a warrant has been issued for their arrest; they only become knowledgeable of the arrest warrant as they are being detained.
Before an officer is allowed to legally arrest and detain you, the officer must have probable cause that you have committed some kind of crime. Once an officer has gathered evidence against you, he or she then presents it to a District Attorney, who ultimately decides whether to file criminal charges against you.
If a judge also agrees that there is probable cause that a crime has been committed and that you are the inDIVidual responsible, the judge will then issue an arrest warrant. After this has occurred, law enforcement is legally authorized to arrest you and bring you before a judge.
How Criminal Defense Attorneys Help with San Diego Arrest Warrants
An experienced criminal defense lawyer who has successfully represented those served with arrest warrants in San Diego can help bring about a positive resolution to your case. Using in depth knowledge of the law, as Anna R. Yum has done for years first as a prosecutor, and now as a San Diego Criminal Defense Attorney, reputable criminal defense attorneys may be able to convince a judge to release you on your own recognizance—that is, your promise to return to court at the appointed time. This may be extremely beneficial for you in that it could potentially save you from having to post an expensive bond. San Diego attorneys experienced in defending against arrest warrants may be worth their weight in gold, in being able to provide counsel, while accurately explaining the legalities accompanying an arrest warrant. And of course, due to experience, and a proven track record of success, highly regarded San Diego Criminal Defense attorneys will skillfully defend you in the case that an arrest or bench warrant has been issued. If bail is going to be required, well known Criminal Defense attorneys can also argue for reasonable bail, and arrange for a bail bondsman to be present at court for you.
To discuss the details of your arrest or bench warrant case with a trusted and well-respected San Diego criminal defense lawyer, contact the Law Offices of Anna R. Yum for a confidential, no-strings-attached consultation today. Anna R. Yum has the legal knowledge and experience to comprehensively defend you in court should you face or be served with an arrest warrant. With the proper legal representation, your rights will best be represented under the law.