Warrants
Southern California Warrant Attorney
A warrant is a court document that authorizes the arrest of a person. All warrants have to be signed by a judge. There are two types of warrants -- arrest warrants and bench warrants.
An arrest warrant is requested by a law enforcement agency and/or the District Attorney`s office when they believe someone has committed a crime and they want to file criminal charges against this person. Arrest warrants are only necessary in situations where the police do not directly observe the crime taking place. If the police directly observe the crime, they can arrest a person at the scene of the crime. If the police do not directly observe the crime, then they can only arrest a person with a warrant. The subject of the arrest warrant is never notified in advance, so the first time a person usually becomes aware of an arrest warrant is when they`re being arrested. Arrest warrants are usually issued for felony cases only. Law enforcement officers will rarely ask for an arrest warrant on misdemeanor cases.
Bench warrants are issued by the court when a defendant fails to appear for a required court appearance or fails to complete a requirement of their sentencing and/or probation. In many cases, the court will send a letter to the defendant informing them that a bench warrant has been issued and directing the defendant to come to court as soon as possible to resolve the matter. If the defendant does not come to court, then he/she can be arrested by any law enforcement agency and brought to court.
If the matter is a felony, then law enforcement agencies (including the probation department) may actively seek to find and arrest the defendant. If the matter is a misdemeanor, then the defendant will usually only be arrested on the warrant if he/she encounters the police for some other reason. For example, when a person is pulled over for a traffic violation, the police officer will usually take a person`s driver`s license to check if there are any outstanding warrants for the person`s arrest.
If you show up to court on your own, either for an arrest warrant or a bench warrant, there is a high chance that you will be arrested that day, before the judge determines what to do on your case. In most cases, bail will be set, which means that you won`t be released until you post bail. This could lead to spending days in jail without having the opportunity to talk to the court about your case.
Whether you have an arrest warrant or a bench warrant, you should have an experienced criminal warrant recall attorney with you to assist in having the warrant recalled. In some misdemeanor cases, our attorney can go to court on your behalf and recall the warrant without you showing up to court. In many cases, our attorneys have been able to get the warrant recalled and the problem resolved without our clients spending a single minute in jail. If the court or the district attorney`s office is seeking bail, then we can argue for a bail reduction, and we will arrange for a bail bondsman to be present so that bail can be posted immediately.
The Right Lawyer
With offices in Newport Beach, Beverly Hills and Riverside, Fred Thiagarajah has criminal defense experience in Orange, Los Angeles and Riverside Counties.
Fred Thiagarajah – The Right Lawyer. The Right Result. The Right Choice.
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