Clearing & Removing California Warrants
Having a warrant hanging over your head can take its toll -- emotionally, financially, and legally. Running from the law will often lead to much more severe consequences than you would face if you voluntarily appeared before the court. But how do you know what to expect?
That's where we come in. We offer free, confidential consultations where our California criminal defense attorneys can explain how we can help make this frightening experience less uncertain.
With our combined 50+ years of California legal experience, we have the insider knowledge, relationships, and confidence from local judges and prosecutors.to help recall and quash your warrant. A warrant-free life means no more living in fear.
No matter how bad you think it will be to "turn yourself in", the consequences may be significantly worse if wait for the police to apprehend you.
We offer unsurpassed legal representation with respect to the following types of warrants:
There are two ways that you can get arrested for a crime in this state: first by committing the crime in front of an officer, second via a California arrest warrant.
When an officer believes that you committed a crime -- outside his/her presence -- the officer will meet with the District Attorney to discuss the case.
Before the officer is legally allowed to ask for an arrest warrant he/she must have "probable cause" to believe that you committed the crime. Probable cause is a legal standard. It means "reasonable suspicion".
If, after reviewing the officer's case, the D.A. also believes that you should be arrested, the D.A. and the officer will "pitch" the case to a judge.
If the judge thinks there is probable cause to believe that (1) a crime has been committed, and (2) that you committed the crime, he/she will issue a warrant for your arrest.
Once issued, an arrest warrant authorizes law enforcement officers to arrest and detain you.
If you currently have a warrant for your arrest in California, our defense lawyers can usually bring you directly to court to get the warrant recalled. Once before the judge, we can ask for a bail reduction or an "OR Release," to keep you out of jail while we answer to the criminal charges.
Bench warrants are just that -- warrants issued from the "bench" -- that is, the judge. Unlike an arrest warrant, a bench warrant isn't issued in response to a suspected crime. Bench warrants are issued for failure to appear in court "FTA" and failure to pay fines "FTP". Judges also issue bench warrants in California domestic violence cases where, for example, a defendant violates a court-issued protective order.
When a California bench warrant is issued, it, like an arrest warrant, authorizes law enforcement to arrest you and bring you before the judge. The judge may release you on a warning, or may hold you in custody.
When you fail to obey a court order (such as paying a fine or failing to appear for sentencing), you are considered "in contempt of court." As a result, having a bench warrant subjects you to a probation violation, county jail or state prison time, fines, and a possible California DMV license suspension.
If you have a bench warrant for your arrest, our California criminal defense attorneys can go with you to court to clear the warrant (i.e., get it "recalled and quashed"). Often we can work with the judge and prosecutor to address the situation that led to the warrant, and keep you out of jail.
A California search warrant is most typically issued when a law enforcement officer:
- either conducts surveillance or acts on a "tip",
- sits down with a judge to present his/her evidence, and
- is then authorized to search your home, car, person, or any other place described in the warrant.
Two requirements must be fulfilled before a California search warrant may be issued. The first is that the judge has probable cause to believe that a crime has been committed. The second is that evidence of the crime is likely to be found in the place(s) detailed in the search warrant.
If the police searched your home, car or place of business pursuant to a search warrant, that doesn't necessarily mean it will stand up in court. Police often provide judges with misleading or incomplete information to obtain a warrant.
Our California criminal lawyers can challenge the search warrant. We study all the evidence and procedures used by the police. If we can convince the judge that the warrant itself was defective, often we can get the evidence thrown out of court. ..and the case against you dismissed.
Call Us For Help...
The laws regulating arrest, bench, and search warrants are technical and typically involve complex issues. Consulting with an experienced California criminal defense lawyer is critical to a speedy and, more importantly, favorable resolution to your problem.
Contact us today so we can help. We have local law offices conveniently located throughout California, including Los Angeles, Ventura, the San Francisco Bay area, Orange County, San Bernardino, and San Diego.
