What to Do If You Have an Arrest Warrant in California

An arrest warrant in California is a legal document issued by a judge or magistrate that authorizes the police to arrest and detain an individual. This warrant is issued based on probable cause that the individual has committed a crime. It must specify the name of the person to be arrested, the crime they are suspected of, and must be signed by the issuing authority. The purpose of an arrest warrant is to ensure that law enforcement acts within legal parameters when depriving a person of their liberty.

Key Differences Between Bench and Arrest Warrants

While both bench and arrest warrants serve as judicial orders for the apprehension of individuals, they are issued under different circumstances and have distinct implications:

• Bench Warrants: These are typically issued when an individual fails to appear in court as required, fails to comply with a court order, or does not pay a court-mandated fine. Bench warrants mainly arise from an individual’s failure to meet court-related obligations rather than direct accusations of a crime.
• Arrest Warrants: In contrast, arrest warrants are issued directly in response to probable cause that a person has committed a crime. They require a detailed affidavit showing sufficient evidence that the individual has engaged in criminal activity.

Understanding these differences is crucial for anyone involved in legal proceedings, as each type of warrant carries specific procedures for resolution and consequences for the person named in the warrant.

Identifying the Issuance of an Arrest Warrant

Who Can Issue an Arrest Warrant in California?

In California, an arrest warrant can be issued by a judge or magistrate. The process typically begins when law enforcement presents evidence that there is probable cause to believe an individual has committed a crime. This evidence is often detailed in an affidavit that accompanies the request for a warrant. Judges review the evidence provided to ensure it meets the legal standard of probable cause before issuing an arrest warrant. This judicial oversight is essential to protect individuals’ rights against unreasonable searches and seizures, as mandated by the Fourth Amendment.

Steps to Verify if There Is a Warrant for Your Arrest

If you suspect that there might be an arrest warrant issued against you in California, it’s important to verify this information promptly to handle the situation responsibly. Here are the steps you can take:

1. Check with Local Law Enforcement: You can contact or visit the local police department. However, this approach may result in your arrest if an active warrant is confirmed.
2. Court Websites: Many local courts provide online access to records. Searching these databases with your name may reveal if there are any active warrants. This method is safe as it does not require direct interaction with law enforcement.
3. County Sheriff’s Websites: Similar to court websites, many county sheriff’s offices maintain online databases where public warrant information can be searched.
4. Hire an Attorney: For confidentiality and comprehensive handling of the situation, consult a criminal defense attorney. An attorney can safely inquire about any warrants and will provide legal advice on how to proceed if a warrant is found.
5. Bail Bondsman Services: Bail bondsmen also have access to warrant information and can check for warrants. This service might come with a fee but can be a quick way to check for warrants.

It is crucial to verify any outstanding warrants discreetly and legally to avoid unnecessary complications or legal consequences. If a warrant is confirmed, it’s advisable to consult a criminal defense attorney immediately to discuss your options and prepare a response strategy.

Legal Protocols Following the Issuance of a Warrant

How Police Execute an Arrest Warrant

Police follow a strict protocol when executing an arrest warrant, which includes:

1. Locating the Individual: Utilizing various data and resources, law enforcement will locate and apprehend the individual named in the warrant.
2. Informing the Suspect: Upon detention, officers inform the individual of the warrant, the charges, and their legal rights, including the right to an attorney.
3. Custody and Booking: The suspect is taken into custody, transported to a police facility, and processed, which includes fingerprinting and formal charging.

These procedures ensure law enforcement operates within legal rights and frameworks while securing the apprehension of suspects.

What You Should Do Immediately After Discovering a Warrant

Discovering that there is a warrant for your arrest can be distressing, but taking immediate and appropriate action is crucial:

1. Do Not Ignore the Warrant: Ignoring an arrest warrant will not make it go away and can lead to more severe consequences.
2. Consult with a Criminal Defense Attorney: Before making any decisions or actions, it is advisable to consult with an attorney who specializes in criminal law. They can provide legal advice, assist in arranging a voluntary surrender, and potentially work on having the warrant recalled or quashed.
3. Understand the Charges: Fully understand the nature of the charges against you. This information is crucial for preparing your defense and can influence decisions about bail and negotiations.
4. Prepare for Surrender: If surrendering to the authorities, plan this with your attorney to ensure it occurs in a controlled manner, potentially reducing the time spent in custody and demonstrating compliance to the court.
5. Arrange Affairs: Make arrangements for family responsibilities and work obligations in anticipation of potential custody.
6. Bail Preparation: Discuss bail options with your attorney so that funds can be arranged to secure your release after the booking process, minimizing your time in custody.

Taking these steps will help manage the situation more effectively, ensuring that your rights are protected throughout the process and potentially leading to a more favorable legal outcome.

Cross-Jurisdictional Implications of Arrest Warrants

Impact of Leaving the State or Country on Your Arrest Warrant

Leaving the state or country after an arrest warrant has been issued complicates your legal situation and increases the severity of potential penalties. The following are direct consequences of fleeing from jurisdiction:

1. Additional Charges: Fleeing to avoid arrest can result in additional charges, increasing both legal and financial burdens.
2. Detection Through National Databases: Law enforcement agencies across the United States can access national databases where active warrants are listed, making it possible for you to be detained in any state.
3. International Issues: If you flee internationally, U.S. authorities can issue alerts through Interpol, leading to detention and extradition back to the United States.
4. Harsher Court Perception: Courts tend to view fleeing to avoid prosecution negatively, which can lead to stricter penalties and less leniency in bail and sentencing.

Extradition and Its Consequences

Extradition is the legal process where one jurisdiction surrenders a person to another jurisdiction where they are wanted for crimes. Extradition due to an active arrest warrant involves the following steps and consequences:

1. Initiation of Extradition Requests: If found in another state or country, California can request your extradition to face charges. This involves legal coordination between jurisdictions and can be a lengthy process.
2. Extradition Hearings: You have the right to contest extradition in the state or country where you are held. These hearings determine the validity of the extradition request under local and international law.
3. Costs and Legal Fees: Extradition can incur significant legal fees and extended periods of detention while proceedings are underway.
4. Potential Waiver of Rights: You can choose to waive extradition, which expedites the process but results in immediate return to the original jurisdiction and quicker progression to trial.

Navigating extradition requires immediate legal counsel to mitigate the consequences and manage the process effectively, ensuring your rights are upheld across jurisdictions.

Financial and Legal Repercussions

Understanding Bail Options Related to Arrest Warrants

When dealing with an arrest warrant, it’s essential to know your bail options immediately upon arrest. Bail is the set amount required to secure your release from custody pending trial. Here’s a straightforward breakdown of how bail applies in cases involving an arrest warrant:

1. Bail Schedule: Each jurisdiction provides a bail schedule that lists predetermined bail amounts for various charges. The specific charge in your arrest warrant will determine the initial bail amount.
2. Bail Hearing: If the standard bail amount is prohibitively high, you have the right to request a bail hearing where a judge may adjust the bail amount. During this hearing, factors such as your flight risk, community ties, and the severity of the offense are considered.
3. Bail Bonds: If posting the full bail amount is not financially feasible, you can opt for a bail bond, which typically requires paying a bail bondsman a fee that is 10% of the total bail amount. The bondsman then ensures the court that the total bail will be paid if you fail to appear for your court dates.
4. Property Bonds: In some cases, you can also secure your release by posting property worth the full bail amount. This usually requires proving the property value through recent tax assessments and other documentation.

Financial Obligations and How to Manage Them

Managing the financial obligations related to an arrest warrant efficiently can minimize stress and financial strain. Here are clear strategies to handle these expenses:

1. Legal Fees: Hiring a defense attorney is crucial but can be costly. Discuss payment plans and fee structures upfront to manage these expenses without compromising on the quality of your defense.
2. Budget Management: Allocate your resources wisely, prioritizing legal expenses and bail. This may require temporary adjustments to your spending habits or exploring financing options.
3. Community Resources: Explore legal aid societies or community resources that offer financial assistance or legal services at reduced rates for those who qualify.
4. Financial Transparency: Be transparent with your attorney about your financial situation. They can provide guidance on managing costs and might adjust their fees or payment schedules accordingly.

Proactive Legal Strategies

Can an Attorney Prevent an Arrest Warrant from Being Issued?

It is possible, though not always guaranteed, for an attorney to prevent an arrest warrant from being issued. Here are the steps an attorney might take:

1. Early Intervention: An attorney can intervene as soon as there is knowledge of a potential investigation or charges. By engaging with law enforcement or the prosecutor’s office early, the attorney may present evidence or arguments that could mitigate the alleged offenses or demonstrate the client’s willingness to cooperate, which might sway the decision against issuing a warrant.
2. Negotiation: Attorneys can negotiate with prosecutors to reach an alternative resolution such as a summons in lieu of an arrest warrant, which calls for the individual to appear in court voluntarily without being detained.
3. Legal Challenges: If there are grounds to challenge the probable cause for the arrest warrant, an attorney can file a motion to dispute the basis of the warrant before it is issued.

These actions require timely and informed legal intervention, emphasizing the importance of consulting an attorney as soon as you suspect you might be facing criminal charges.

Benefits of Turning Yourself in Directly to the Court

Turning yourself in voluntarily, particularly when done under the guidance of your attorney, offers several significant benefits:

1. Control Over the Process: Voluntary surrender allows you to choose the timing and circumstances under which you turn yourself in, which can make the process less disruptive and more dignified than being arrested unexpectedly.
2. Favorable Impression: Demonstrating responsibility by voluntarily appearing in court can positively influence how a judge views your character, potentially impacting bail decisions and even the sentencing phase.
3. Bail Considerations: Judges often view those who turn themselves in as less of a flight risk, which can lead to more favorable bail conditions or even release on your own recognizance.
4. Legal Preparation: By planning your surrender, your attorney has time to prepare for immediate legal actions such as bail hearings and can arrange for your release conditions in advance.
5. Reduced Stress and Uncertainty: Knowing when and how you will face the charges reduces anxiety and uncertainty about the process.

Voluntarily turning yourself in with an attorney ensures that you are prepared for each step, from surrender through the initial court appearances, while also working to mitigate the consequences as much as possible.

Defending Against an Arrest Warrant

Legal Rights and Defenses Against Arrest Warrants

When facing an arrest warrant, you have specific legal rights and defenses available to ensure fair treatment under the law:

1. Right to an Attorney: You have the right to consult with an attorney as soon as you learn about the arrest warrant. An attorney will guide you through the legal process and provide critical advice on how to proceed.
2. Right to Remain Silent: You have the right to remain silent to avoid incriminating yourself. It is important to exercise this right until you have legal representation.
3. Challenge Probable Cause: Your attorney can challenge the arrest warrant by arguing that there was not enough probable cause to support the issuance of the warrant. If successful, this can lead to the warrant being invalidated.
4. Suppress Evidence: If the warrant was issued based on illegally obtained evidence, your attorney could file a motion to suppress that evidence, potentially weakening the prosecution’s case against you.

These rights and defenses are crucial in protecting your interests and ensuring that any action taken against you adheres to the legal standards required by law.

How to Challenge an Illegal Arrest Warrant

Challenging an illegal arrest warrant involves specific legal steps that must be taken to address potential violations of your rights:

1. Motion to Quash: Your attorney can file a motion to quash the arrest warrant if there are grounds to believe that it was issued without probable cause or through a flawed legal process.
2. Review the Affidavit: Examining the affidavit that led to the issuance of the warrant is critical. Your attorney can identify any false statements or insufficient facts presented to the issuing judge.
3. Constitutional Challenges: If your rights were violated during the process of issuing the warrant — for example, if there was a lack of due process — these grounds can be used to challenge the warrant.
4. Evidentiary Hearings: Your attorney may request a hearing to present arguments and evidence against the validity of the arrest warrant. This is an opportunity to contest the basis of the warrant directly before a judge.

How Our Attorney Can Assist Before and After Arrest

Our attorney plays a critical role in managing both the pre-arrest and post-arrest phases effectively:

1. 1. Pre-Arrest Guidance: Before an arrest, our attorney can help by assessing the situation, advising on the best course of action, and potentially contacting law enforcement to negotiate your surrender in a way that minimizes public exposure and disruption.
   2. Bail Arrangements: Immediately after an arrest, our attorney will focus on bail arrangements to secure your release from custody as soon as possible, enabling you to resume your daily activities while preparing for the case.
   3. Defense Preparation: Our attorney will meticulously review all evidence, challenge any illegalities in the warrant or the manner of your arrest, and develop a robust defense strategy tailored to your specific situation.
   4. Representation in Court: From arraignment through trial, our attorney will represent your interests in court, advocating on your behalf, and striving for the best possible legal outcome based on the facts of your case.
   5. Post-Trial Support: Regardless of the outcome, our attorney will continue to offer legal support, whether it’s navigating the appeals process, negotiating plea deals, or handling any sentencing issues.

Defend Against Arrest Warrant Charges with Expert Legal Help

Facing an arrest warrant in California? The Law Offices of Arash Hashemi is ready to defend your rights. With over two decades of experience, Attorney Arash Hashemi is adept at managing complex legal challenges and securing the best outcomes. Our office is conveniently located in the Westside Towers of Los Angeles, serving clients from Santa Monica to Beverly Hills and beyond. We offer flexible scheduling, including weekends and jail visits, to accommodate your needs during these critical times. For immediate assistance, call us at (310) 448-1529 or schedule a consultation online. We are committed to advocating for your rights and keeping you informed every step of the way.