A Warrant is issued by the Court. It is then given to Law enforcement to serve on the person named in the warrant. Warrants not served are known as Active Warrants. If an active warrant is unable to be served, after time, it becomes an outstanding warrant.
All Warrants require your immediate attention. Warrants do not expire in the State of California.
The three types of Warrants commonly issued in California are: Bench Warrant; Arrest Warrant and Search Warrant.
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Bench Warrant is the most common warrant issues in California. A bench warrant is dispensed from the court, by a judge. Any failure to obey any order issued by California court can lead to a Bench Warrant being issued.
Some examples of this are
- failure to pay fines
- failure to attend classes or counselling
- failure to appear at court.
Call your Attorney as soon as possible if you have been served with a Bench Warrant. You have a small window of time to act. Rather than surrender yourself to police custody, arrangements can be made to appear for arraignment. In some cases, it is possible for your Attorney to appear for you at arraignment and deal with your matter without you even attending.
Arrest Warrant is usually initiated by police officer and/or DA and then issued by a judge.
This is done only when there is probable cause that a crime has been committed. This gives law enforcement the right to arrest and detain the person named in the Warrant.
There are two types of arrest Warrants, Felony Arrest Warrant (PC 813-PC816) and Misdemeanour arrest Warrant (PC 1427).
Do you believe you have an arrest warrant issued in your name? If so contact your attorney now. After establishing a warrant does exist – your attorney may have the matter dealt with by going directly to court.
The arrest warrant may be cleared without you spending any time in jail.
Search Warrants are issued when it is suspected that that criminal activity exists in a particular location.
A magistrate will issue a Search Warrant. This is based on evidence presented by a police officer, and whether there is probable cause. The details of the Search Warrant are laid out and must be followed. For example: the time of execution & where exactly officers can search.
Your Attorney should be there when the Search Warrant is being executed. Police are required to provide written receipts of all items seized. Your Attorney can represent you in any further Court Proceedings and present any facts that may help you. They may move to suppress evidence or present new evidence so that the magistrate hearing your case may make an informed decision.
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