Arrest Warrant and Bench Warrant Defined
In general, arrest warrants are issued from a Court where there is probable cause to believe a crime occurred, and bench warrants are issued where a person failed to follow a court order, such as to appear in court. All warrants command the arresting officer to bring the accused before the court without unnecessary delay. Arrest warrants and bench warrants have essentially the same effect. This article therefore refers to all types of warrants as arrest warrants.
Law enforcement may serve California arrest warrants for the commission of a felony offense at any time of day or night. Felony warrants are good even if the arrested person is found out-of-state, and California prosecutors frequently obtain the extradition of defendants arrested in other states. Arrest warrants for misdemeanor and traffic offenses can only be made between 6:00A.M. and 10:00P.M., except where the person is already in custody, in a public place, or the court finds good cause to authorize nighttime service.
Many San Diego arrest warrants can be cleared the same day that you contact our office. Call us for advice.
Check for Warrants
Do you think that you have a warrant out for your arrest? The San Diego County Sheriff allows for an on-line search for arrest warrants issued by the San Diego Superior Court, but you should be aware that not all types of arrest warrants will show in the on-line search; federal warrants, recently issued warrants, and traffic infraction warrants are not listed. You should also be aware that if law enforcement has probable cause to believe that a felony offense has been committed, you are subject to arrest in public without a warrant. If you believe that you may have a warrant out for your arrest, or that you are possibly subject to arrest, do not hesitate to call us.
Clearing an Arrest Warrant
Arrest warrants should not be ignored. There are three types of California Superior Court arrest warrants: warrants alleging the commission of a felony offense, the commission of a misdemeanor offense, and infraction warrants. There are very specific and serious problems that can arise for any type of arrest warrant. Arrest warrants can stand in the way of obtaining employment, federal or state benefits, such as licensing for a particular type of job, driving privileges, and safe travel without fear of arrest. In some case, warrants can result in law enforcement forcibly entering your home, arresting you at your place or employment, and can obviously result in the loss of freedom and serious financial problems.
We are experts in dealing with the issues associated with each type of warrant. In many cases, we can handle these problems for you without you ever having to appear in court. In San Diego, each branch of the San Diego Superior Court has a particular process involved for clearing an arrest warrant. We have cleared every type of warrant in every court in San Diego County. We have appeared in court all over the State of California. Call us for an explanation of the process involved in clearing your warrant.
Old Warrants
Old warrants involve special consideration because of State Statutory and Constitutional protections against violation of the right to a speedy trial. In these cases the loss of evidence is especially important where the evidence may have benefited the defense. The delay in arresting the person can therefore result in an unfair advantage for the prosecution resulting in the case being dismissed. On the other hand, old warrants may also involve cases with lost evidence or witnesses that have died or disappeared, giving the defense an advantage. Since the prosecution has to prove their case, the loss of evidence may result in dismissal of an old case or a favorable verdict for the defense.
Other types of old warrants, such as those alleging a violation of probation, involve consideration of the seriousness and nature of the alleged violation balanced against the demonstrated rehabilitation since the warrant was issued. The benefits from clearing an old warrant can be surprising. The court has discretion, in some cases, to recall the warrant, reinstate the person on probation, terminate probation, reduce the matter to a misdemeanor, and then expunge the conviction! At the same time, the court may have discretion to impose a long prison sentence for failing to comply with probation. In any case, do not wait any longer to clear an old warrant, as the courts look favorably on an individual who voluntarily walks in to clear a warrant as opposed to those who involuntarily arrive in custody. Call us for honest advice regarding your situation.
Posting Bail on a Warrant
In some cases, the warrant will not allow for the posting of bail. A no-bail warrant requires special treatment. Call us immediately for help with these types of warrants. In all other cases, the judge must set the bail when issuing the warrant. For a further explanation on posting bail, or for immediate help posting bail, contact us.
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