When a warrant is issued for your arrest in the state of California, law enforcement officers can arrest and detain you. If you’ve been notified that there’s a warrant out for your arrest, you’re probably confused and frightened about what might happen.
Fortunately, the team at Simmrin Law Group is here to provide the information and representation you need to navigate this stressful situation. Our criminal defense lawyers in Los Angeles can advise you on what happens when a warrant is issued for your arrest in California.
When Are Warrants for Arrest Issued in California?
If evidence that suggests you committed a crime is presented to a judge, the judge will issue a warrant for your arrest. However, the alleged crime must occur outside of a police officer’s presence for a warrant to be necessary. If you were to commit the crime right in front of the police, then they would just arrest you on the spot without the need for a warrant.
A warrant can also be issued as the result of a grand jury indictment. This occurs when a grand jury has ruled that enough evidence exists to show that you may have committed the crime. If a warrant has been issued for your arrest, you’ll want to speak to a lawyer ASAP. An attorney can investigate your case and craft a strong defense strategy against the charges you’re facing.
What Kind of Information is Included in a Warrant?
If the police have come to your home or pulled you over while driving to execute an arrest warrant, you’ll want to take a close look at the warrant. With the help of a skilled lawyer, you can determine if the warrant is valid. A warrant is considered valid if it lists the following information:
- Your name
- The crime you are being accused of
- The court, city, and county in which the warrant is being issued
- The time the warrant was issued
- The signature of the judge assigning the warrant
If the warrant you’ve been presented with doesn’t include these forms of information, it could be considered invalid. An attorney can offer further guidance regarding how to respond to an invalid warrant. They’ll work hard to fight the charges you’re facing and help you avoid serious consequences.
Where Can California Police Execute an Arrest Warrant?
The workplace and home are the two most common places where arrest warrants are carried out. If the police attempt to arrest you at your home, they must have probable cause to believe that you are home. If, however, they are attempting to arrest a guest in your home, they must have a search warrant to do so.
When Can a California Arrest Warrant Be Executed?
According to California law, arrest warrants must be executed at specific times of the day. While felony warrants can be executed at any time, misdemeanor warrants can only be executed between 6:00 a.m. and 10:00 p.m. However, there are several exceptions to this rule.
The law states that a misdemeanor warrant can be carried out at any time if one of the following statements is true:
- The warrant is executed in a public area
- You are already in police custody for other reasons
- The warrant states that it can be carried out at any time
If your arrest warrant is executed at a time that falls outside of the legal window, you’ll want to speak to an experienced attorney. A lawyer can advise you on what happens when an arrest warrant is issued in California and argue that your charges should be dismissed.
Are You Entitled to See a Copy of the Warrant Before You Are Arrested?
The police are not required to bring a copy of the actual warrant with them to make an arrest. They must, however, be able to show that they were legally made aware of its existence. For instance, if an officer pulls you over for a traffic violation and discovers you have an outstanding warrant after pulling up your driving record, the officer can legally arrest you.
What Happens After a Person is Arrested?
Now that you know what happens when an arrest warrant is issued in California, it’s time to discuss what happens after your arrest. Upon being arrested, you will typically be handcuffed and taken to jail. However, there are two situations wherein you may be able to avoid being handcuffed, taken to jail, or both.
Summons
The first situation concerns the service of a summons. Here, a process server will mail, or “serve,” you with a summons directing you to appear in court.
The summons allows you to appear before a judge on your own accord, rather than being forced to appear after being arrested. A summons is normally used in place of a warrant for felonies that do not involve violence or weapons.
Cite and Release
The second situation involves “cite and release.” Someone who has been cited and released has not been arrested and is not formally booked. Instead, he or she is released on a promise to appear before a judge on a certain date in the future. This is also known as being released on your own recognizance.
Cite and release is not an option in cases involving domestic violence, driving under the influence (DUI), or if you have another outstanding warrant. Failure to uphold the promise to appear in court will result in an arrest, along with additional penalties that would not have been imposed before. Such penalties include fines, jail time, and the suspension of the defendant’s driver’s license.
Can You Turn Yourself in Before Arrested on a Warrant?
You can turn yourself in for a warrant in California. However, it is important to realize that turning yourself in, especially if you are alone when you go, all but guarantees that you will be taken directly to jail.
If you go with an experienced Los Angeles criminal defense attorney, they may be able to convince the judge to reduce your bail or release you on your own recognizance. He or she may also be able to have the warrant cleared before you suffer any penalties.
Meet With a Los Angeles Criminal Defense Attorney for Free
If you’ve been arrested for a misdemeanor or felony offense, you are probably worried about legal proceedings and your future. Fortunately, an attorney can work tirelessly to reduce your charges or have the case dismissed altogether.
Contact Simmrin Law Group today to schedule a free consultation with an experienced Los Angeles criminal defense lawyer. They’ll meet with you to discuss your charges and provide information on what happens when a warrant is issued for your arrest in California. We look forward to hearing from you soon.