It is a mentally draining and physically risky experience to live with the fear of a pending warrant. It is terrifying to think that you may be approached by the police at the shopping mall or in your workplace, and you have no idea how to react. You could have missed a court date, have a fine to pay, or just be afraid of being approached by the police.
In California, law enforcement officers do not issue a courtesy notice when issuing a warrant, so people might not know of their legal status until the police confront them. Such is the case that places the discovery entirely upon you. The first step to regaining your peace of mind is to learn how to verify your legal status without drawing attention.
Trying to maneuver the court system or calling local police directly may automatically result in an arrest. Rather, you must have a secure, non-disclosure method of determining whether there is a warrant and what to do about it. This blog explains how to conduct a safe warrant search and why a lawyer's intervention is the best protection against an unexpected arrest.
The Difference Between Arrest Warrants and Bench Warrants
It is imperative to draw the line between arrest and bench warrants because each of them involves different procedural implications for your personal liberty status.
What Is an Arrest Warrant?
An arrest warrant is a court order issued to initiate criminal proceedings against a suspect. This document is only issued by a judge or magistrate when evidence produced by law enforcement officials or a district attorney (DA) establishes probable cause.
This standard is met when the officer proves that a reasonable person would suspect that you committed a particular crime. The warrant, signed by a judge, grants the police the authority to locate you, arrest you, and transport you. An arrest warrant is adversarial in nature, unlike other investigative procedures, and this is where the state shifts into active prosecution after a general suspicion.
These warrants remain active until the underlying charges are resolved or the order is revoked by a judge, usually because of a statute of limitations lapse or the presentation of new, exonerating evidence.
What Is a Bench Warrant?
A bench warrant is quite different from an arrest warrant, as it is usually issued for civil or procedural noncompliance rather than a preliminary criminal investigation. These warrants are issued by the bench when an individual has failed to honor a legal obligation related to a current court case.
Some typical triggers include the following:
- The inability to appear at a scheduled hearing
- The inability to pay court-imposed fines
- The inability to respond to a legitimate subpoena
- A breach of the terms of a particular probation agreement
The issuance of these warrants for contempt of court means they are not time-bound. A bench warrant will remain in effect until you appear before the court or your attorney has it recalled. It indicates that a traffic ticket you may have forgotten several years ago may still be a latent legal liability, which could lead to an unexpected arrest during a routine traffic stop.
How to Conduct a California Warrant Search
Browsing through California's decentralized records is a meticulously planned, discreet process that involves finding possible warrants without alerting law enforcement to your location.
Checking County Sheriff and Superior Court Websites
Since California has a decentralized system of justice, you must do your search in the particular jurisdiction in which you suspect the warrant was issued. Records for all counties in California are handled by either the local sheriff's department or the county Superior Court clerk.
The first place to start is the sheriff's office website for the county where the incident occurred. A number of these departments offer an online portal specifically for warrant searches. Likewise, the California Superior Court site allows you to search case information by name, date of birth, or driver's license number.
These tools are usually updated daily, providing a real-time view of pending warrants. Your search should be limited to those counties where you have been previously heard in court, had civil cases, or had previous experiences with law enforcement.
Conducting a Criminal Background Check
Requesting a formal criminal history record from the California Department of Justice is a more comprehensive but more time-consuming way of establishing your legal status. This will involve you sending your fingerprints and paying a processing fee to the Attorney General's office.
The report will provide a detailed overview of your criminal history and any pending arrest warrants entered into the system. Although this technique is very accurate and official, it is not as instant as the online database searches.
Alternatively, you can consider personal background check services, but you need to be careful. Most of these services do not have direct access to the official court databases. Using old or inaccurate data to make a critical decision, such as getting a job or in a court case, can be disastrous.
It is not a good idea to rely on an unofficial third-party report when your freedom is at stake, rather than on government sources or legal advice.
The Risks of Self-Inquiry
You should not succumb to the urge to report to your local police department to inquire about your status. A direct phone call will serve as a signal to the police if you have an active warrant. Once you give your identifying information to an officer or a dispatcher, they have the obligation to search your name in the system. They are allowed to send officers to arrest you immediately if they find a valid warrant, and they will record your location.
The police are not the ones who should solve the underlying problem, even though you may think that you have a valid reason to miss a court date, or you think that the warrant was issued in error. They have the right only to implement the warrant. Contacting them yourself amounts to forfeiting your right to get your defense ready and, at the same time, to control when you appear in court.
Hire a Criminal Defense Attorney
The intervention of a lawyer offers the desired protection, access to confidential databases, and planning of how warrants can be resolved safely and effectively.
The fact that your lawyer can access secure databases of professional grade, which are not accessible to the general population, is one of the greatest benefits of having legal counsel. You may not be able to find your way on fragmented county websites, but a skilled lawyer can easily cross-reference data in multiple jurisdictions.
Moreover, your lawyer can pose these questions without causing an automatic arrest. Their investigation activities are not disclosed under the attorney-client privilege. This enables them to know the nature of the warrant, the charges involved, the judge who issued it, and the evidence that went into its issuance long before you ever enter a courtroom.
This intelligence plays a vital role in devising a defensive plan to counter the threat and safeguard your existing freedom, such as identifying loopholes in the law or procedural mistakes that can be used to your advantage.
What Should I Do If I Have an Active Warrant?
When you are certain that there is an active warrant, then you need to take decisive action and seek the advice of legal counsel to prevent instant arrest.
Immediate Steps to Protect Your Rights
If you can verify the presence of the warrant, the first thing you want to do is to reduce the risk of being arrested suddenly, publicly, and humiliatingly.
The most important thing is to be low-profile and discreet. Do not even think about flying or crossing state borders, because warrant checks are common at most transportation security checkpoints. Always make sure you do not drive with outdated tags or faulty equipment, as this is the most common way patrol officers find active warrants.
During this time, you should not forget about your constitutional right to be silent. If the police stop you, you should only give the information that is strictly necessary by law and should not volunteer any information about the incident, but clearly state that you want to discuss it with your attorney and say that you do not want to answer any questions or agree to any searches.
Hiring Legal Counsel to Quash the Warrant
The best solution to an outstanding warrant is to hire an experienced criminal defense lawyer so that you can go through the process without the shock of being arrested at any time. You can have an attorney make a formal motion to appear in court. In most cases, your lawyer may ask the judge to recall and quash the warrant, namely those involving bench warrants for missed hearings or unpaid fines.
This is done so that your lawyer can justify to the court why you were absent or in default on payments, and the court will usually grant you a vacation on the warrant without you being arrested. In this way, you are once again in charge of the schedule. You have the option of setting your appearance at a time when you are well-equipped to meet the demands of the court and not be compelled to defend yourself in jail.
Frequently Asked Questions (FAQ)
Professional legal intervention includes protection, confidential access to databases, and planning needed to safely and effectively execute warrants.
Is it possible to work with a warrant?
The presence of an active warrant does not necessarily mean that you cannot work, but it poses great dangers to your career. California law does not allow employers with five or more workers to perform background checks until they make a conditional offer of employment. But if your employer does a background check later, an active warrant may be discovered, which will result in instant termination or a withdrawal of a job offer.
Moreover, in case the police choose to carry out the warrant in your workplace, the scene may be catastrophic to your career. It is important to clear your warrant position in case you are working proactively. A lawyer will assist you in setting the court hearing when you are on leave so that you can complete your legal requirements without imposing a strain that will compel your employer to impose disciplinary measures.
What would happen if I had an out-of-state warrant?
You are a fugitive in California, though you have a warrant in some other state. The officer will access the out-of-state warrant in the National Crime Information Center database for an out-of-state warrant when they stop you for any reason. This event leads to an extradition procedure. It is then up to the state that has issued the warrant to determine whether it will pursue your return.
In minor crimes, a state can find the price of extradition prohibitive and refuse to pursue you. However, in cases involving serious felonies or violent offenses, extradition is nearly guaranteed. The detention in California before transfer to another state is a tedious, time-consuming process. An attorney should be immediately consulted to find out whether you can voluntarily clear the warrant by the court system of the state where the warrant was issued, and avoid the necessity to be forcibly extradited.
Find a Criminal Defense Lawyer Near Me
Having an active warrant in Los Angeles is not a situation that resolves itself over time. In fact, the risks associated with an outstanding warrant only intensify the longer it remains unaddressed. Whether you are dealing with a bench warrant due to a simple misunderstanding or a more serious arrest warrant, you require immediate, expert legal guidance to protect your freedom.
Trying to resolve these complex legal issues without an advocate puts you at a severe disadvantage and leaves you vulnerable to sudden arrest at the worst possible moment. At the Law Office of Sara L. Caplan, we possess extensive experience in all areas of criminal defense. We are fully prepared to fight for your rights and resolve your arrest or bench warrant status with the court. Please contact our capable criminal lawyers today at 310-550-5877 to schedule your confidential consultation and take the necessary steps toward peace of mind.
