There’s no denying that having an active warrant for your arrest can be a major source of stress for you. Sadly, it can also be frightening because many people don’t know about the warrant until the police show up.
Sometimes there’s a small chance that there’s an active warrant in their name, but they don’t procrastinate and make no effort to find out the truth. That’s not a wise strategy because knowing in advance can give you a big advantage.
It can help you prepare and take measures to use your legal rights and get released as soon as possible. Here’s how you can handle an active warrant.
How an Arrest Warrant Works
An arrest warrant is an order issued by the court that gives the police permission to detain someone and take them to court. A judge issues the warrant after receiving details from the police regarding the reasons for the arrest.
The police are required to submit to the court a sworn statement before the judge can issue the warrant. The statement proves there is reason to think the individual has conducted or participated in a criminal act. This statement must be backed by other documents.
What to Do?
The warrant has no expiration date and can be used by any law enforcement official, even if the deadline for bringing the offense to court has passed. But, no matter the charges, there are several vital points to consider when a warrant is out on you.
1 Don’t Take it Lightly
When applying for jobs, mortgages, and licenses to practice, a simple background check can show that there’s a warrant out for your arrest. An outstanding arrest warrant may rob you of precious opportunities.
Even if there’s a small chance of imprisonment for your offense, disobeying or ignoring a warrant can put you in trouble. For example, if a defendant skips traffic court, the judge may issue a bench warrant. Even though the first charge does not carry a jail sentence, that warrant allows for your arrest.
2 Get a Lawyer
The first thing you should do is get a seasoned criminal defense attorney right away. They can advise you on what to do, be present when you are arrested and interrogated by the police, and be present when you appear in court. A competent attorney can also put together a solid defense to get the charges dropped or reduced to a lesser offense with milder penalties.
3 Get a Bail Bonds Agency
You may wish to speak with a bail bonds agency after speaking with your attorney. They can assist you in making arrangements for bail when possible. Prior to the arrest, it’s better to hire a bail bondsman and cut down on the amount of time you have to spend in jail.
Escondido Bail Bonds is committed to providing the finest level of customer service. We believe in the right to bail and are determined to help you or your loved ones get out of jail, in a timely fashion. Give us a call at (760) 546-7777
4 Turn Yourself In
Then, it’s wiser to turn yourself in to the authorities so you can avoid spending too much time in jail before posting bail. If you want to be freed sooner, you should ask the attorney or the bail agency about the right time to turn yourself in. That’s the right thing to do because the attorney has more power to negotiate a cheap bail bond that you can afford to pay.
How to Determine There’s a Warrant
In California, a person can look to see if an arrest warrant has been issued for them.
Keep in mind that the court clerk puts an arrest warrant into a specific website after issuance. You can look it up on that website to see if your name shows up on any warrants or not.
Make sure to check the websites of these authorities:
- Local police
- Local court
- California Superior Courts
A party may also search their own criminal record to know if a warrant is active. Besides, anyone in California who wants to know the condition of a warrant may speak with a lawyer. A qualified defense attorney can show you how to handle an arrest warrant based on the nature and severity of the offense.
Three Other Types of Warrants
Using the arrest warrant gives law enforcement the power to capture and detain someone who is allegedly committing a crime. Courts only issue warrants when there is sufficient evidence to support the offender’s arrest.
According to the Fourth Amendment, you cannot be detained without cause or a warrant. Warrants must be granted for legitimate causes. A warrant can also be used to let you know what charges have been brought against you. There are four different kinds of active warrants that you could have.
When the court issues a bench warrant, it does not necessarily prove that you are guilty of a crime. Courts can issue bench warrants when someone fails to appear in court on the scheduled date, fails to pay a penalty or fee, or disobeys a court order. Bench warrants allow the police to detain you.
Search warrants do not give authorities the right to detain the suspect. But, it does give the police permission to search a home, a car, or a place of business. These warrants typically include time limits that must be followed. During the search, if the police find evidence that shows you are guilty of a crime, they can decide to arrest you.
Child Support Warrants
A child support warrant could result in your arrest or detention, but it does not always indicate that you are guilty of a crime. If someone is behind on their child support payments, the court may issue a warrant for them to show up in court. If they skip the court hearing, the police have the authority to arrest them.
What is an Outstanding Warrant?
An outstanding arrest warrant is simply one that is not fulfilled yet. In other words, there may be a warrant out for arresting you or searching your property, but it did not lead to your arrest or the police did not act on it.
The Time of Arrest
In some cases, a court may specify a midnight order to extend the time frame on an arrest warrant. But, mostly in cases such as a misdemeanor, the police may execute the warrant between 6 AM and 10 PM. But, if the police capture the suspect in public, the time is no issue.
When you find out that the court has issued an arrest warrant for you, there are several things you need to do.
First, contact a qualified attorney and a reliable bail bonds agency so you can protect your rights and negotiate a cheap bail bond. Before you turn yourself into the authorities, make sure to consult the bail bonds agency so that they can take care of you and post bail as soon as possible to set you free.
Of course, you need a reliable agency with a solid track record that can navigate the complex legal system of California. Fortunately, we at Escondido Bail Bonds can help you at every step of the process and cover the bail for your loved ones. We’re also a phone call away, ready to answer any question you may have!