You can be arrested without a warrant if you commit a criminal offense in the presence of an officer. On the other hand, the police can request the judge issue an arrest warrant against you if they are investigating you and suspect you committed a crime. Investigations into a crime can yield probable cause for your arrest. If you learn that there is an arrest warrant against you, the steps you take are crucial and could determine the outcome of your case. At the Law Offices of Anna R. Yum, we have experienced attorneys who can fight for your legal rights in San Diego, CA.
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Understanding An Arrest Warrant
If you are suspected to have committed a crime outside of an officer’s presence, an arrest warrant authorizes the police to arrest and detain you. The judge can issue an arrest warrant against you based on:
- The evidence that the district attorney or peace officer provides
- Following a grand jury indictment
An arrest warrant must contain the following for it to be valid:
- Your name
- The offense for which you face charges
- The time when the warrant was issued
- The county or city where the warrant was issued
- The title of the judge who issued the warrant and his signature
- The name of the court that authorized the warrant
Issuing Of An Arrest Warrant
Only a judge can issue an arrest warrant against a person in California. The judge can do this through one of the following two ways:
Issuing An Arrest Warrant After A Declaration
The judge can issue an arrest warrant against you if the district attorney or the police officer suspects you have committed an offense outside their presence. The police can only secure an arrest warrant against you if he/she shows probable cause that you committed an offense. Probable cause is a legal standard. It indicates a reasonable belief that you engaged in criminal activity. This means that when the police officer “pitches” your case to the District Attorney (DA), the DA will reasonably believe you committed the crime.
A Ramey warrant is an arrest warrant issued before the prosecutor or the law enforcement officers file charges against you. A District Attorney presents your case to the judge, seeking an arrest warrant after reviewing the police officer’s evidence. The judge will issue a warrant against you if he/she agrees that there is probable cause for the crime to occur and you committed the alleged crime.
Issuing An Arrest Warrant After A Grand Jury Indictment
The judge can issue an arrest warrant against you following an indictment by the grand jury. Sometimes, a grand jury determines if there is substantial evidence for you to face charges for the offense for which you face charges. If the grand jury feels that you committed the alleged crime, this could trigger an indictment, and the judge will issue an arrest warrant against you.
Knowing If An Arrest Warrant Has Been Issued Against You
You can search to ascertain if there is an arrest warrant against you. The court clerk enters the warrant into a particular website once the judge issues it. However, this could differ depending on the circumstances of your case. In particular, you could search:
- The Superior Court of California’s website
- The local court’s website
- The local sheriff’s website
You could also run a criminal background check on yourself to see if a warrant is pending. If there is a pending warrant against you, you should consult a criminal defense attorney to learn about the status of the arrest warrant. A competent defense can provide you with information if there is a warrant against you. An attorney will also advise you on the best way to deal with the warrant if one exists.
The Measures The Law Enforcement Take To Execute A Warrant
Your home is the most common place for an arrest on a warrant. The police can also arrest you at your workplace or business.
Arrest Warrant Executed At Your Home
The police must have probable cause to believe that you, as the subject of the warrant, are at home if they attempt to execute the warrant in your home. The officers can enter your home by force if you refuse to open the door after they announce their presence. The police must, however, secure a search warrant if they attempt to arrest a guest in your home.
The Police Are Not Required To Carry An Actual Copy Of The Warrant
Provided the police can prove that they have information on the existence of an arrest warrant, there is no requirement that they should have an actual copy of the warrant. Law enforcement officers do not have to possess the physical copy of the arrest warrant in the following situations:
- When law enforcement stops you for a traffic violation
- After learning that you have an outstanding warrant
- After running your driver’s license
The police will likely handcuff and put you behind bars after arresting you. However, exceptions to this rule exist, including:
A Summons Instead Of An Arrest Warrant
Sometimes, the prosecutor could request a summons instead of an arrest warrant. This typically involves a notice that you receive in the mail or through a process server. The notice is an order instructing you to appear in court on a particular date. The summons allows you to show up in court without being arrested.
A summons instead of a warrant could occur if:
- The alleged felony charge does not involve firearms or violence
- You do not have any other outstanding warrants
An additional exception applies to certain misdemeanor offenses.
Cite And Release For Some Misdemeanor Crimes
Most misdemeanor crimes fall under “cite and release.” You will not face an arrest if you get cited and released. You will also not go through a formal booking process of photographing and fingerprinting. You will instead be released on a commitment to show up in court at a specific time and date.
However, you will not be cited and released, but instead will formally be arrested if your alleged crime involves:
- Drunk driving
- Domestic violence
- If you have a prior warrant for your arrest or are unable to provide sufficient evidence of your identification
Generally, many situations could render you ineligible for a cite and release. If you are arrested for a felony, you will appear before the judge who issued your warrant or another judge in the same county. For a misdemeanor arrest, you will appear before the issuing judge.
You will appear before the judge on the date and time stated if you are fortunate enough to be summoned or given the notice to appear instead of being taken to jail. If you fail to attend court, a California bench warrant will be issued for your arrest. This could attract the following penalties:
- Suspension of your driver’s license by the DMV
- A jail term in a county jail or state prison
- Fines
If The Judge Issues An Arrest Warrant, The Police Must Execute It
The police must execute an arrest warrant and arrest once they receive it. The police could face charges for “contempt of court” if they willfully fail to execute an arrest warrant. Similarly, the police must execute the arrest warrant within a reasonable time. Your case could be dismissed because your “right to a speedy trial” was violated if an arrest warrant is not executed within the designated period.
If You Arrested In A County Different From The One That Issued The Warrant
Different procedures could apply if arrested in a county that is different from the one that issued a warrant. The arresting officer must inform you of your right to appear before a judge in the county where the police arrested you, regardless of whether you are facing misdemeanor or felony charges. Your bail will be the amount specified in your arrest warrant if you choose this option. You must appear before the judge who issued your warrant once you post bail, usually within 25 days.
You must go back to the county where your warrant was issued within five court days if:
- You are unable to post bail
- Your felony arrest warrant does not specify bail
- If you refuse to appear before the judge in the county of your arrest
The above information could also apply to misdemeanor arrest warrants. The main difference between misdemeanor and felony procedures lies in the bail. If you decide to appear before the judge in the county of arrest, and no bail is specified in the warrant, the judge could set and accept your bail.
The Time The Law Enforcement Could Execute An Arrest Warrant
Specific rules govern the police on when they should execute an arrest warrant. The police should execute misdemeanor warrants between 6.00a.m and 10.00p.m unless:
- The judge states on the warrant that they can execute it at any time
- You are already in jail for another crime
- The police arrested you in a public place
On the other hand, police should execute felony warrants at any time. You will appear before the judge after an arrest. The first hearing can occur within 48 hours of your arrest, excluding holidays and Sundays, although more exceptions could apply.
If The Police Take Too Long To Arrest You
You are entitled to a dismissal of your case if the police take too long to arrest you after the issuance of an arrest warrant. Your defense attorney could present a motion in court known as a “Serna Motion.” This motion requests the judge to dismiss your case because the police took too long to arrest and take you to court. The court can drop your charges if you prove that you were prejudiced by the time that passed and that the police were to blame for that lapse.
Fugitives And Arrest Warrants
You are a “fugitive from justice” if you know the court is seeking you and you flee. This is a crime even if you think you are not guilty of the alleged charges. You are subject to extradition irrespective of why you left the place of arrest. The law enforcement officers will take you from your hiding location to the country or state where the alleged crime happened.
If you escape and the police find you, you will still face the pending criminal charges. You will also face enhanced punishment for fleeing from the court. On the other hand, you are not a fugitive if you do not know about the arrest warrant against you.
The statutes regulating extradition in California are technical and complicated. You are entitled to a hearing to challenge the process before you can be deported back to California. It is essential to consult a criminal defense attorney experienced in this area. An experienced attorney can help you fight the extradition order.
Arrest Warrants And Bail
If the charges against you are for a bailable offense, the judge should specify your bail on the warrant when issuing it. However, the following are some of the offenses that do not qualify for bail:
- Felony crimes involving sexual assault or violence if it is likely that someone else could suffer harm if the court releases you
- Capital offenses whose penalty is the death penalty
- Felony crimes that involve threats of great bodily harm, and you would execute the threat if you were released
You would be entitled to post bail if you do not face charges of committing one of the above offenses. You qualify for bail even if an arrest warrant exists against you. The judge will set your bail according to the bail schedule in the county where your warrant was issued.
You will be released once you post bail. In some situations, your attorney could persuade the judge to reduce your bail or release you on your own recognizance. Release on your own recognizance means you do not have to post bail, provided you commit to court proceedings.
You cannot remain in jail because you are unable to post bail. The prosecutor must prove that detention is necessary to protect public safety.
Whether Your Attorney Can Prevent An Arrest Warrant From Being Issued
A California warrants defense attorney can try to prevent the filing of charges against you if you are under investigation. Your attorney could investigate your case and develop a defense strategy to fight your charges. An attorney could let their position known to the prosecutor and dissuade the prosecutor from ever filing criminal charges. This is known as a “pre-file investigation.”
The prosecutor could still file criminal charges against you when an arrest warrant has already been issued. Your attorney can still help in this situation to avoid embarrassment, like getting arrested at work.
There are some benefits when you voluntarily appear before the court. You could win favor with the judge, and he/she could reduce bail or release on the guarantee that you will attend court. It could save you the embarrassment of being arrested in front of your co-workers, friends, or family.
Whether You Can Turn Yourself In Directly To The Court
The law enforcement officers will likely place you in jail if you go alone to turn yourself in. If you hire an experienced attorney who understands California warrants, you could present evidence convincing the judge to reduce your bail or release you on your own recognizance. In most cases, your attorney can clear your warrant before any punishment is imposed. This action is called having the warrant “recalled and quashed.”
Clearing A Warrant In California
You can attempt to clear a warrant from the court records if there is one for your arrest. Your ability to clear a warrant depends on the type of warrant you face. The judge could issue an arrest warrant against you when there is evidence to incriminate you for committing an offense. If you are under investigation for an offense, your attorney could prove that you did not commit the offense. This can help you avoid an arrest warrant.
Clearing A Bench Warrant
The judge cannot issue a bench warrant against you for committing a crime. The judge can only issue a bench warrant against you if you fail to pay court fines or comply with a court order. It is considered contempt of court if you fail to adhere to the court’s demands. In this case, a bench warrant can apply if you fail to honor a jail term, fines, or suspension of your driver’s license. Failure to appear for a hearing will result in bail forfeiture if you are arrested and released on bail. The judge could also issue a bench warrant against you.
Clearing a bench warrant means the court drops it from the court system. You could petition the court to have your warrant removed if you did not appear for a court hearing and the judge issued a bench warrant. Your attorney could help remove the warrant on your behalf if the crime for which the warrant was issued is a misdemeanor. Like an arrest warrant, a bench warrant needs to be served within a reasonable period. You could seek to have a warrant removed if it was not executed correctly.
A great strategy to clear a warrant is to accompany your attorney to the court after suspecting that there could be a warrant against you. However, the judge could use this chance to order law enforcement officers to arrest you and put you behind bars. You can work your way to release on bail if you show up with your attorney to clear a warrant, but instead, the police put you in jail. The following are some of the arguments your attorney could present to have you released:
You Completed All Terms Of Probation
The judge could issue a bench warrant against you if you fail to follow the terms of probation. Your attorney could argue that you complied with all the requirements for you to secure a release where there is already a warrant. Your attorney could also claim you were unaware you needed to adhere to specific probation terms.
Your Case Was Dropped
Sometimes, the court can drop your case, but your arrest warrant remains active. This could happen because of miscommunication between the court and law enforcement. In this situation, your attorney could secure your release based on this claim.
You Are A Victim Of Mistaken Identity
You could claim mistaken identity when you appear in court with your attorney before executing an arrest warrant. You can allege that you did not commit the offense for which the judge issued an arrest warrant.
You Were Not Served With The Notice To Appear In Court
The court should alert you to return to court on a particular date if you are released on bail or your own recognizance. Your attorney could claim you did not receive a notice to appear in court and argue you have not disobeyed the court by failing to attend the hearing.
Wrongful Police Conduct
Your attorney can petition that any evidence secured following your unlawful arrest should be excluded from the proceedings. Similarly, your case could be dropped if the police executed the warrant unlawfully. For example, the police could have arrested you outside the permissible time or failed to take you to court within the designated period. You could negotiate a favorable plea deal if your attorney convinces the judge that the officer’s misconduct prejudiced your case.
Find a Criminal Defense Attorney Near Me
Having an arrest warrant against you can be distressing, especially if you have never faced an arrest before. You should not panic or think that all is lost. Contact an experienced criminal defense attorney to walk with you and advise you on the appropriate steps. At the Law Offices Of Anna R. Yum, we have experienced criminal defense attorneys who will do everything possible to fight your charges. We take pride in being the go-to criminal defense lawyers in San Diego, CA. Contact us at 619-493-3461 to speak to one of our attorneys.