Should you commit an offense in a police officer’s presence, they can place you under arrest even when they have no arrest warrant. But if you are under investigation and an officer suspects you committed an offense, they may request a warrant of arrest against you from a judge. A warrant of arrest is a legally authorized document that empowers a police officer to detain an individual suspected of perpetrating a crime. What you do when you learn that a judge has issued a warrant for your arrest may affect your case’s outcome. This blog explains the steps you can take to navigate the warrant more effectively.

Determine the Kind of Warrant Issued

There are various forms of warrants a judge can issue against you, and each has its own legal procedures. These include an arrest and a bench warrant. When there is a warrant, you want to know which one it is to understand your constitutional rights and how best to handle the situation.

Arrest Warrant

An officer requests a judge for an arrest warrant against you when they possess probable cause that you perpetrated an offense or were somehow involved. Generally, this warrant is granted at the beginning of a case and serves as the foundation for a person's arrest.

Bench Warrant

A judge issues a bench warrant against a person who fails to comply with court orders. For example, if you miss court dates, violate a restraining order, violate probation terms, or fail to pay court-imposed fines, a judge may issue a bench warrant authorizing your arrest. Law enforcement officers can request a bench warrant during an ongoing case because of your non-compliance.

Ramey Warrant

Ramey warrants resemble arrest warrants. However, a police officer executes a Ramey warrant without the D.A.’s approval. A court magistrate must sign off on this warrant, showing probable cause exists for a person's arrest. Here, a person is not subject to formal charges after arrest. A Ramey warrant is executed when prompt action is needed, like during the weekend or a holiday, or when there is suspicion that a suspect may try to flee.

Search Warrant

A search warrant authorizes the search of a specific place and seizure of items or property related to an offense. A police officer requests a search warrant when they have reason to believe possible evidence is at the scene.

Verify Warrant’s Existence

Once you learn that the police have a warrant, refrain from taking any action without evidence. You first want to confirm that the warrant indeed exists and is valid. Luckily, there are various websites you could visit for verification. One reliable way is to use online databases. Every state and county website provides virtually real-time details regarding active warrants and legal actions.

The websites you should consider searching are local courts’ websites, sheriff websites, and the website of the California Superior Court. You can also check with the local court or law enforcement in person. By conducting a swift search, you could find out whether a warrant is active against you before you act. Additionally, consider conducting a background check against yourself to identify any unresolved activity. Doing this can provide you with further clarity about your case.

Remain Calm

Should you learn of a warrant for your arrest, stay calm and act carefully. Trying to evade the police or panicking can complicate the situation and may lead the authorities to presume that you indeed committed the crime. When the courthouse contacts you regarding the warrant, take your time to comprehend why it was issued. You might discover that the accusations are for somebody with a name like yours, or you are a victim of identity theft.

Consult a Lawyer

After you have confirmed the warrant is valid, you want to consult a defense lawyer immediately. An attorney will guide you, provide you with valuable legal counsel on handling the warrant, and assist you in avoiding more complications. They could contest the warrant’s validity and safeguard your constitutional rights, reducing the chances of being locked up. In short, an attorney knows the ideal strategies to assist you in avoiding unnecessary incarceration and reducing legal penalties.

Clear The Warrant

In some instances, with the help of your lawyer, you can resolve the warrant issued against you without being placed under arrest. This could entail your lawyer working with the court to set a hearing or bring a motion to vacate the warrant, particularly if there was a misunderstanding or you have a valid reason why you did not show up at a particular court date. Your lawyer may also negotiate with the court or law enforcement officers not to proceed with the arrest. In many cases, a lawyer can find a way that permits you to resolve the warrant issued without the police arresting you.

Contest the Warrant of Arrest

Like other aspects of the legal justice system, you can contest an unlawful warrant of arrest issued against you. Also, you can challenge the warrant of arrest if law enforcement violates your constitutional rights when executing it. Judges who grant warrants may also make errors, which means you could contest the warrant based on these mistakes. A legitimate warrant must have a judge's or magistrate's signature and require your arrest and appearance in court without any delay.

Should a warrant of arrest lack the necessary features, it is unlawful, and law enforcement will not have any right to place you under arrest. With counsel and guidance from an experienced criminal defense lawyer, you can successfully fight a warrant of arrest and remain free.

It is prevalent for a person to be arrested in another county where the warrant was granted. If this happens to you, the police will inform you about your legal right to appear in the county’s court where you were arrested. But if the police arrest you outside of California, the law could consider you a fugitive. Being a fugitive may result in a sentence enhancement and more accusations for fleeing justice. With a lawyer's help, you can successfully demonstrate that you never knew a warrant was out for your arrest.

Consider Arranging for Bail

Some warrants permit you to pay bail, whereas others do not. Felony warrants, for example, generally lead to a non-bail situation. That means you may have to stay in custody until your case is resolved. Conversely, misdemeanor warrants usually have the option to pay bail, enabling you to secure your release while waiting for trial. That said, consider arranging how you will post bail if there is a misdemeanor warrant of arrest against you. Bail can substantially affect how fast you can secure your release after being arrested.

Usually, posting bail entails depositing a particular amount of cash with the court as a promise that you will make appearances. You can make the deposit yourself or use a bondsman, who will charge you a fee (generally ten percent of the entire bail value). Once you post bail, the court releases you. However, if you do not comply with the court order to make court appearances when required to, the court might retain your bail money.

If you do not pay bail or do not qualify for it, you might have to stay in jail until the court resolves your case. While this might appear to be an unpleasant result, it is essential to have attorney representation to assist in navigating the bail process.

Consider Surrendering Yourself to the Authorities

In some instances, voluntarily surrendering yourself to the authorities can be a strategic move when a warrant for arrest has been issued against you. When you are proactive, you show that you are willing to cooperate with the authorities. This increases the chances of a flawless resolution.

Surrendering yourself to the police with your lawyer's guidance can have valuable advantages. For example, it can give your lawyer time for negotiations. Early negotiations between the prosecutor and your attorney can result in favorable outcomes, including an OR (own recognizance) release or a stipulated bail value and reduced penalties, including the period spent in custody. It also helps you avoid more severe repercussions along the way.

The police can execute a warrant anywhere and at any moment. Therefore, choose the right place and time to surrender yourself if possible. If, for example, the police try to place you under arrest when you are home, that might traumatize your children and immediate family. If you are arrested while at work, it may result in your termination. When looking at the likely outcomes, influencing where and when the arrest happens could avert future stress and job loss.

If it is a mistaken identity case, bring the necessary identification or documentation requested by the court or law enforcement. Showing that you are willing to adhere to their instructions encourages a positive interaction. Recall that surrendering to the authorities when there is a warrant out for your arrest might not increase the odds of securing an OR release or the bail amount being lowered. This approach, together with an experienced attorney’s support and careful consideration, will help you solve the matter efficiently.

Waiting for the police to come and arrest you may result in sudden arrests and additional charges being added to your record. If you have the choice to turn yourself in and handle the warrant proactively, it is generally the better option.

Preparing for the surrender process beforehand can streamline criminal proceedings. Do not forget about your constitutional right to have a lawyer and to stay silent. Exercising these rights will help safeguard you throughout the criminal process. If you remain composed, understand your constitutional rights, and consult an attorney, you will be able to deal with the situation effectively.

Prepare for Court Proceedings

After you turn yourself in, prepare for the court process to come. This includes the arraignment, bail hearing, preliminary hearing, and the development of a defense. Navigating the legal proceedings necessitates compliance and understanding, particularly when facing felony or domestic violence charges. You will require the right defense attorney to address the intricacies surrounding your case.

It is essential to consider potential outcomes, including plea deal negotiations, case dismissal, or proceeding to trial. Working hand in hand with your lawyer will help you confidently navigate the involved steps and raise your odds of clearing your warrant successfully.

Also, if the warrant requires court appearances, be prepared by collecting any relevant evidence or documentation that may help your criminal case. Working with a lawyer to set court dates and ensure everything is in order can help you avoid additional penalties and unnecessary delays.

Common Mistakes You Should Avoid When There Is a Warrant Against You

When facing a warrant for your arrest, avoiding particular mistakes can help you obtain a better outcome. These mistakes include the following:

  • Ignoring the issued warrant. Ignoring the warrant will only escalate the matter and result in further legal problems. Note that warrants do not disappear on their own, nor do they expire. Ignoring one can result in your unexpected arrest at your workplace, while traveling, or during a traffic stop, creating more inconveniences.
  • Lying to the police. Making incorrect statements to a police officer can worsen the situation. Always tell law enforcement and your lawyer the truth.
  • Handling the matter without a lawyer. Trying to resolve a warrant yourself is risky. A lawyer's guidance can help you navigate the process and ensure you are acting appropriately.
  • Resisting arrest. Should the authorities come to place you under arrest, do not resist, even when you believe the warrant is unfair or contingent on a misunderstanding. Resisting arrest can result in additional, more severe charges.
  • Discussing the case or posting on social media. Avoid posting, commenting, or joking about your legal situation online. The prosecution may subpoena phone and social media records. Additionally, avoid discussing the details of your case with family or friends, since they may be subpoenaed to testify.

Find a Skilled Criminal Defense Attorney Near Me

Resolving a warrant issue need not be overwhelming if you know what to do and what not to do. By understanding your legal options, consulting a lawyer, and acting promptly, you can address the warrant without unnecessary ramifications. If the Los Angeles authorities have issued a warrant for your arrest, we at the Law Office of Sara L. Caplan can help. As experts in criminal defense, we can provide you with the legal advice and support you require to resolve the warrant. We offer complimentary consultations and will develop a legal strategy tailored to your needs. Call us at 310-550-5877.