SPEAK TO OUR TEAM TODAY!
(909) 588-1777
A warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take specific actions, such as making an arrest, conducting a search, or seizing property.
It essentially ensures that police actions are always grounded in probable cause and judicial oversight.
In California, you may encounter several types of warrants, each of which serves a different purpose and therefore carries specific legal implications.
Understanding the distinctions between all types of warrants and why they are issued is crucial for anyone involved or impacted by legal proceedings. In this article, I will discuss the most common types of warrants in California. So, let’s get started!
5 Main Types of Warrants in California
Here are the five main types of warrants:
Arrest Warrants
An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to detain an individual suspected of committing a crime.
In California, arrest warrants are typically issued when there is a reasonable basis for the authorities to think that a crime has occurred and that the individual in question is responsible.
Law enforcement presents evidence to a judge, that may include witness testimony, physical evidence, or information gathered through investigations. The judge then reviews the evidence to determine whether it meets the legal threshold of probable cause.
If the judge is satisfied, they will issue the arrest warrant, allowing police officers to arrest the suspect.
An arrest warrant contains specific information, including the suspect’s name, the alleged crime, and the signature of the issuing judge. Additionally, it may also include a physical description of the suspect and other identifying details. This ensures that the correct individual is apprehended and that their rights are protected throughout the process.
Once an arrest warrant is issued, law enforcement officers have the authority to arrest the individual named in the warrant. This can occur at any time and in any location, provided that the officers have the warrant in their possession. In some cases, law enforcement may also conduct a stakeout or surveillance to ensure that the arrest is made safely and efficiently.
It is important for you to know that being subject to an arrest warrant does not necessarily mean you are guilty of the alleged crime. Instead, it simply means that there is enough evidence for the authorities to formally charge them and bring them before the court.
Following that, if arrested, you reserve the right to legal representation and the opportunity to contest the charges in court.
Search Warrants
A search warrant is a legal order that allows law enforcement officers to search a specific location for evidence related to a crime. It is a vital tool for the police and helps make sure that searches are always conducted lawfully, and that an individual’s constitutional rights are protected at all times.
To obtain a search warrant, the police or concerned department presents a written affidavit to a judge. This affidavit must outline the probable cause for the search, detailing the evidence or information that suggests criminal activity is occurring at the specified location.
The affidavit must be precise, describing the place to be searched and the particular items to be seized. This might include a home, a vehicle, an office, or any other place where evidence might be found. The warrant serves to limit the scope of the search, ensuring that law enforcement officers do not exceed the authority granted by the court.
Once the judge reviews the affidavit, they will issue the search warrant (if deemed justified).
During the search, officers are required to knock and announce their presence before entering the premises, unless a “no-knock” warrant is issued due to specific circumstances that pose a danger to the officers or could lead to the destruction of evidence.
The officers are also bound to provide a copy of the search warrant to the property owner or occupant and leave an inventory of any items seized.
If you ever receive a search warrant, please remember that it is important to cooperate with law enforcement. It’s also smart to note the details of the warrant and the conduct of the officers because any evidence obtained in violation of the terms of the search warrant can potentially be challenged in court.
Fugitive Warrant
Next in our types of warrants in California, let’s discuss fugitive warrants.
A fugitive warrant is a type of arrest warrant issued for individuals who are evading legal proceedings or have escaped from custody in one jurisdiction and are found in another. It ensures that justice can be pursued across state lines and even internationally.
The process of issuing a fugitive warrant begins when someone fails to appear in court, violates the conditions of their bail, or escapes from custody. Law enforcement officials in the original jurisdiction will then request a judge to issue a fugitive warrant.
This warrant authorizes authorities in other jurisdictions to arrest and detain the fugitive until they can be brought back to the location where they are wanted.
Understandably, these warrants involve coordination between multiple law enforcement agencies, often spanning different states or countries. Once a fugitive warrant is issued, it is entered into national and international databases, such as the National Crime Information Center (NCIC), which makes it accessible to law enforcement agencies everywhere.
Being the subject of a fugitive warrant can have severe consequences. You are held in detention far from home, where you wait for extradition hearings that determine if you will be sent back to the original jurisdiction.
Therefore, legal representation is crucial during this process to navigate the complexities of extradition laws and to ensure that the individual’s rights are protected. Always make it a point to adhere to legal proceedings and do extensive research on laws of different areas.
Bench Warrant
While our previously discussed warrants are always requested by law enforcement agencies, a bench warrant is something that is directly ordered by a judge. It is typically issued when someone fails to comply with court orders or does not appear for a scheduled court date.
This warrant prevents non-compliance from hindering the judicial process.
With a bench warrant in hand, officers have the authority to arrest the individual named in the warrant at any time and place. Upon arrest, they are usually taken directly to jail and held until they can appear before a judge.
This can result in unexpected and disruptive detention, impacting their personal and professional lives. It is also important to know that having a bench warrant on one’s record can complicate legal matters and result in additional penalties or stricter conditions upon release.
Alias Warrants
Alias warrants are issued when someone fails to appear in court or respond to a citation, especially in cases where no plea has been entered. They are typical for traffic violations and other minor offenses and compel people to face their legal obligations.
It is essential to remember that ignoring an alias warrant can lead to unexpected arrests, which is why it is crucial to address any court notices promptly to avoid further complications.
What to Do if There’s a Warrant Out for Your Arrest?
Here’s a step-by-step guide on what to do if you’re issued a warrant:
Get a Lawyer
The first and most crucial step is to hire a criminal defense attorney.
A lawyer will provide you with professional legal advice, protect your rights, and help you understand the charges against you. They can also guide you through the legal process, negotiate with prosecutors, and represent you in court.
Therefore, having a lawyer on your side is essential for a favorable outcome.
Contact a Bails Bondsperson
If the warrant allows for bail, you might need to secure a bail bond to avoid extended jail time.
Contact a reputable bail bondsperson to discuss your options. While they may ask for a percentage of the total bail amount upfront, however, they can also expedite your release from custody, allowing you to continue your life while awaiting court dates.
Do Not make Statements to the Police
Always remember that you have a right to remain silent.
Do not make any statements to the police without your lawyer present. Anything you say can be used against you in court. So, politely inform the officers that you wish to exercise your right to remain silent and that you want to speak with your attorney. This will protect you from unintentionally incriminating yourself.
Turn Yourself In
Voluntarily surrendering to the authorities often works in your favor in the court.
Therefore, I’d suggest you work with your lawyer to arrange a time and place to turn yourself in. This proactive approach demonstrates your willingness to comply with the legal process and can lead to more lenient treatment.
You can also ask your lawyer to accompany you to ensure that the surrender goes smoothly and that your rights are upheld.
Frequently Asked Questions
What is a civil warrant in California?
A civil warrant in California is a court order issued in civil cases or non-criminal matters. It compels a person to comply with a court judgment, such as paying a debt or appearing in court hearings.
How long do warrants stay active in California?
Warrants in California do not expire and remain active until they are resolved or recalled by the court. However, the statute of limitations is generally one year from the time of the offense, and you can request for the case to be dismissed on that basis.
