How to Clear an Out of County Warrant in California

4 Sep, 18

• in Legal Info

Getting a call that a loved one has been arrested is terrifying. It’s even more disorienting when they tell you the arrest was for an out of county warrant. You feel helpless, unsure of where they’ll be held, how to post bail, or what the process even looks like. The logistics of dealing with two different jurisdictions can feel overwhelming. If you’re trying to help a family member in this situation, you need clear information and a solid plan. We’ll break down the entire process, from the initial arrest to posting bail, so you know exactly what to do to bring them home.

Based on California law, a law enforcement officer has the right to arrest you for committing crimes with or without warrants. For those arrested without a warrant, this usually happens because the individual committed a crime right in front of them. In those cases, they don’t need the issuance of an arrest warrant. DUIs, for example, is one case. Even when a police officer suspects that you had committed a crime, he can make a request to the judge to have an arrest warrant issued.  

Do You Have an Arrest Warrant in California?

If you have an arrest warrant, you should speak with a bail bonds agency as soon as possible. They will determine if the issuance of the arrest warrant has been made. They will also look at what it is for, and they will determine the bail amount. In some cases, you can be taken straight to court for the bailable offense to have the warrant cleared, and you don’t have to spend time in jail because the bail amount has already been paid. When it comes to an arrest in California, you want to take it seriously and have the warrant cleared as soon as possible.

What’s an Arrest Warrant?

When a law enforcement officer gets the judge to execute an arrest warrant, this allows for police officers to arrest you if they suspect that you have committed a crime outside of the police officer’s presence. The judge will then allow the officer to execute an arrest warrant based on the evidence that the officer presented. This could also follow a grand jury indictment, but they need a good reason with evidence for an arrest in California.

What Information Does an Arrest Warrant Contain?

1. The name of the defendant
2. The accused crime
3. Time of issuance
4. The county and city of issuance

Who Can Issue Arrest Warrants?

Judges can issue an arrest warrant in one of two different ways. First, they can do this based on what an officer or D.A. says. If an officer suspects that the defendant committed a crime outside his presence, he will ask the judge an arrest warrant. He must demonstrate probable cause to arrest the suspect. The second less common way that this happens is when a grand jury indicts you. When the grand jury finds probable cause, this means that the judge will issue a warrant for arrest.

What Measures Can a Police Officer Take to Execute Arrest Warrants?

One of the most common ways that you can be arrested is in the home or at your workplace. The officer looks for the person at their residence, and if they can’t find them there, they will often go to their workplace. You have to stay alert to how even if you were issued a cite and release, you could still be charged in the court of law. First, the police will announce themselves, but they must also have probable cause and believe the individual is inside. When a police officer wants to arrest a guest in the home, they will first need to obtain a search warrant. It should be noted how police do not need to have an actual copy of the arrest warrant as long as they can prove that the defendant had been legally informed of it.

What Happens After the Arrest

Provided that you didn’t take care of the bailable offense through a bail bonds agency beforehand, you will most likely be handcuffed and brought to jail. You do, however, have exceptions. For example, if a summons in lieu of an arrest warrant had been made, this usually gives you notice in the mail. The summons in lieu of an arrest warrant will give you the opportunity to appear before the judge without fear of facing arrest. This could happen when you don’t have other outstanding warrants or if it was an alleged felony, it doesn’t involve firearms or violence. Cite and release is another form, and it lowers the burden places on the jails and the court system. If you know that an arrest warrant has been issued against you, you should act fast because this eliminates some of the danger faced.

Understanding Different Types of Warrants

The word “warrant” can sound intimidating, but understanding what it means is the first step toward resolving the situation. Not all warrants are the same, and the type of warrant issued will determine the next steps. The two most common types you’ll encounter are arrest warrants and bench warrants, each issued for different reasons and carrying different implications. Knowing the distinction is crucial because it affects how you should respond. An arrest warrant is typically issued based on suspicion of a crime, while a bench warrant is often the result of failing to comply with a court order. Both are serious legal documents that require immediate attention to avoid further complications.

Arrest Warrants vs. Search Warrants

It’s easy to confuse arrest warrants and search warrants, but they serve very different purposes. A search warrant gives law enforcement the authority to search a specific location for evidence of a crime. An arrest warrant, on the other hand, authorizes them to take a specific person into custody. As our team often explains, “When a law enforcement officer gets the judge to execute an arrest warrant, this allows for police officers to arrest you if they suspect that you have committed a crime outside of the police officer’s presence.” This means an officer has presented enough evidence to a judge to establish probable cause that you were involved in criminal activity, giving them the legal backing to arrest you at home, work, or during a traffic stop.

Bench Warrants

A bench warrant is a different kind of court order. “A bench warrant is typically issued by a judge when a person fails to appear in court as required.” This is a common scenario that can happen for many reasons, from forgetting a court date for a traffic violation to missing a required appearance for a more serious charge. A judge issues this warrant directly from the “bench,” ordering law enforcement to arrest the individual and bring them to court. While it might seem less severe than an arrest warrant for a new crime, a bench warrant can lead to an immediate arrest and jail time until you can be brought before the judge, making it essential to address it quickly.

How to Check for and Resolve a Warrant

Discovering you have a warrant can be a shock, but ignoring it is the worst thing you can do. Warrants don’t expire, and they can lead to an arrest at the most inconvenient time—like during a routine traffic stop or even at your job. The best approach is to be proactive. By finding out if you have a warrant and taking steps to clear it, you can regain control of the situation and minimize the disruption to your life. This process often involves confirming the warrant’s existence, understanding the charges, and arranging for bail before you turn yourself in, which can significantly simplify the process and may even help you avoid spending time in jail.

Finding Out if You Have a Warrant

If you suspect there might be a warrant out for your arrest, the uncertainty can be incredibly stressful. You might be hesitant to call the police directly for obvious reasons. This is where a trusted bail bonds agency can be an invaluable resource. “If you have an arrest warrant, you should speak with a bail bonds agency as soon as possible. They will determine if the issuance of the arrest warrant has been made.” At Jose Espinoza Bail Bonds, we can discreetly and quickly check for any active warrants for you or a loved one. We can confirm the warrant, find out the charges, and determine the bail amount, giving you all the information you need to make an informed decision without putting yourself at risk. You can contact us 24/7 for confidential assistance.

Taking Steps to Clear a Warrant

Once you’ve confirmed a warrant exists, the next step is to handle it. Clearing a warrant often starts with posting bail. By arranging bail in advance, you can often turn yourself in on your own terms and streamline the entire process. “In some cases, you can be taken straight to court for the bailable offense to have the warrant cleared, and you don’t have to spend time in jail because the bail amount has already been paid.” This is known as a “walk-through,” where a bail bonds agent accompanies you to the jail or courthouse. The paperwork is processed, the bail is posted, and you are given a new court date without ever being placed in a cell. It’s the fastest and least disruptive way to resolve a warrant.

What Happens with an Out-of-County Warrant?

Dealing with a warrant is complicated enough, but it becomes even more complex when the warrant is from a different county than where you are. An out-of-county warrant means that a judge in one California county has ordered your arrest, but you are currently in another. This situation can arise during a simple traffic stop or any other interaction with law enforcement. The discovery of the warrant triggers a specific legal process involving coordination between the two counties. Understanding how this process works, how long you can be held, and what your rights are is key to managing the situation effectively and securing your release as quickly as possible.

The Arrest Process in a Different County

When you’re arrested on an out-of-county warrant, the procedures can feel confusing. The arresting county’s main responsibility is to hold you until the county that issued the warrant can arrange for your transfer. The specifics of what happens next often depend on whether you were arrested solely because of the warrant or if there was a new, local charge involved.

Arrest With a Warrant

If you are arrested solely based on an active out-of-county warrant, you still have options. “If you’re arrested on an out-of-county warrant, you might be able to post bail in the county where you were arrested.” If you are able to post bail, you will be released with a legal obligation to appear in court in the county that issued the warrant. “If you do, you’ll be released but must appear before the judge who issued the warrant within 25 days.” This gives you the freedom to handle your travel and legal arrangements from home instead of from a jail cell.

Arrest Without a Warrant

Sometimes, an arrest happens for a new reason, and the out-of-county warrant is discovered during the booking process. In this scenario, a specific timeline is triggered. “If you’re arrested in another county without a warrant, the county that wants you has 48 hours to pick you up.” This means the county that issued the warrant has a two-day window to begin the transfer process. If they fail to act within that time, the arresting county may be required to release you on the out-of-county hold, though you would still need to address any new local charges.

How Long Can a California Jail Hold You?

If you are held on an out-of-county warrant, you won’t be detained indefinitely. California law sets clear limits on how long a jail can hold you while waiting for transfer. The timeline depends on the distance between the two counties. “If the counties are less than 400 miles apart, they must pick you up within 5 calendar days.” If the distance is over 400 miles, the time limit extends. This period can be stressful for you and your family, which is why arranging for bail as soon as possible is often the best course of action to secure a release.

Your Rights After an Out-of-County Arrest

Even when you’re arrested in a different county, you still have rights. It’s important to know what they are, especially when dealing with charges in multiple jurisdictions. The situation can become legally tangled, and understanding the order of operations can help you prepare for what’s ahead.

Legal Options for Delays

If you are facing new charges in the county where you were arrested, those generally take priority. “If you have charges in both the county where you were arrested and the county with the warrant, the charges in the arresting county are usually handled first.” This means you will likely go through the court process for the new offense before being transferred to the other county to address the warrant. This can cause significant delays, making it even more important to consult with a legal professional and a bail bonds agent to handle both matters.

Posting Bail for an Out-of-County Warrant

Posting bail is the most effective way to get out of jail after an out-of-county arrest. It allows you to return home, continue working, and prepare for your upcoming court dates from a position of freedom. However, the logistics of posting bail can be tricky when multiple jurisdictions are involved. You need to know where and when you can post bail and how to handle the process if you’re facing new charges in the arresting county. A knowledgeable bail bonds company with a statewide presence can be your greatest asset, helping you manage the complexities and secure a swift release no matter where you are in California.

When and Where You Can Post Bail

After an out-of-county arrest, you don’t have to wait until you’re transferred to post bail. You have the right to address bail in the county where you are being held. “If you are arrested out-of-county, you should ask to see a judge in the county where you were arrested. This gives you a chance to post bail there.” A bail bonds company that operates across California can be essential in this situation. At Jose Espinoza Bail Bonds, we have agents in locations throughout the state, so we can post a bond for you quickly, regardless of where you were arrested or where the warrant originated.

What if You Face New Charges in the Arresting County?

If your out-of-county warrant was discovered after you were arrested for a new offense, you’ll likely have to deal with two separate bail amounts: one for the new charge and one for the old warrant. This can be financially overwhelming for many families. This is where flexible payment plans and experienced agents can make all the difference. We can work with you to structure a payment plan that covers both bail amounts, ensuring you don’t have to stay in jail simply because you’re facing charges in two different places. Our goal is to simplify the process and make your release as affordable as possible.

Avoiding Additional Fugitive Charges

One of the biggest risks of having an outstanding warrant is the potential for more legal trouble. If you are aware of a warrant and are later arrested in a different county, prosecutors may argue that you were intentionally avoiding the law. “If you knew about a warrant and purposely ran away to another county, you could face extra charges for being a fugitive.” This can turn a manageable situation into a much more serious one. The best way to avoid this is to be proactive. By contacting a bail bonds company to check for and resolve a warrant as soon as you suspect one exists, you demonstrate responsibility and prevent accusations of fleeing justice.

Dealing with an Out-of-State Warrant

A warrant doesn’t simply disappear when you cross state lines. Thanks to national law enforcement databases, a warrant issued in California can follow you anywhere in the country. If you are arrested in another state on a California warrant, you will face a legal process known as extradition. This is the formal procedure for transferring a fugitive from one state to another to face charges. It’s a serious and often lengthy process, and understanding how it works is the first step in addressing the situation.

How Police Find Out-of-State Warrants

In the past, it might have been possible for a person to avoid a warrant by moving to another state. That is no longer the case. “Police usually check databases or are told by authorities in the county where the warrant was issued.” During any routine interaction with law enforcement, such as a traffic stop, an officer will run your name through state and national databases like the National Crime Information Center (NCIC). If an active warrant appears, regardless of which state issued it, you will be arrested and held for extradition.

The Extradition Process Explained

Once you are arrested on an out-of-state warrant, the extradition process begins. “Extradition is the process where one jurisdiction surrenders a person to another jurisdiction for prosecution.” You will be held in the state where you were arrested until California authorities arrange to transport you back. This can take weeks or even months. You will have a court hearing in the arresting state, where you can either agree to be extradited or fight it. Fighting extradition is complex and often unsuccessful, but it is your right. During this time, posting bail is typically not an option until you are returned to the state that issued the warrant.

Do Warrants Ever Expire?

A common misconception is that warrants simply go away after a certain amount of time. This is not true. “Warrants do not expire, but they can be recalled or quashed by a judge.” A warrant remains active indefinitely until it is resolved through the court system. The only way to clear a warrant is to address it head-on by appearing in court. Ignoring it will only lead to an eventual arrest and can add more legal problems. The best and only solution is to face the issue directly, and that process almost always begins with securing your release from custody by posting bail.

Frequently Asked Questions

I just found out my loved one was arrested on a warrant from another county. What’s my first step? The first thing to do is take a deep breath and then contact a bail bonds agency that serves all of California. The most pressing goal is to find out where they are being held and if you can post bail in that county before they are transferred. An experienced agent can quickly locate them, confirm the details of the warrant, and explain your options for securing their release right where they are.

Is it possible to post bail in the county of the arrest, or do we have to wait until they are transferred? Yes, you absolutely have the right to post bail in the county where the arrest took place. You can request to see a judge there to have bail set and processed. This is often the fastest way to get your loved one out of custody, as it allows them to return home and handle the logistics of their case without waiting days for a transfer to the other county’s jail.

I think I might have a warrant. Is it really better to handle it myself instead of waiting to be arrested? Absolutely. Taking care of a warrant proactively gives you control over the situation. By working with a bail bonds agent, you can often arrange what’s called a “walk-through,” where you post bail and get a new court date without ever being booked into a jail cell. This approach is far less disruptive than a surprise arrest at home or during a traffic stop and shows the court that you are taking responsibility.

What happens if there are new charges in the arresting county on top of the old warrant? This is a common situation that creates two separate legal issues to address. Typically, the new charges in the county of the arrest will be handled first. This means you will likely need to post two separate bail amounts—one for the new case and one for the old warrant. A good bail agent can help you arrange a payment plan to cover both so you can get released to handle both cases from home.

Do warrants ever expire or just “fall off” my record after a few years? This is a dangerous myth. Warrants do not have an expiration date. A warrant remains active indefinitely until you appear in court and a judge officially recalls or resolves it. Ignoring it only delays the inevitable and can lead to more serious problems, including being arrested at the worst possible moment. The only way to clear a warrant is to face it directly.

Key Takeaways

• Take Control by Acting First: Warrants don’t expire, and waiting for an arrest can lead to more serious problems like fugitive charges. By having a bail bonds agency check for a warrant and arranging bail in advance, you can handle the situation without spending unnecessary time in jail.
• Secure Your Release Before a Transfer: You don’t have to wait in a cell to be moved to another county to get out. California law allows you to post bail in the county where you were arrested, letting you get home quickly and prepare for your court date from a place of freedom.
• A Statewide Agent Simplifies Everything: Dealing with multiple counties and bail amounts is confusing. A bail bonds company with agents across California can act fast, posting bond wherever you are and helping you create a manageable payment plan for all charges.

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• Out of County Warrant? Here’s What Happens Next
• How to avoid an Arrest Warrant in California
• Facts About California Bench Warrants | Espinoza Bail Bonds
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