How to avoid an Arrest Warrant in California
- in Legal Info
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.
The arrest warrant includes:
- The name of the defendant
- The accused crime
- Time of issuance
- 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.