Arrest Warrants: Understanding Your Rights and Options

If you find yourself facing an arrest warrant, it is natural to feel overwhelmed, scared, and unsure of what to do next. Nevertheless, it behooves you to know your rights and options under California law. For example, you have the right to legal representation and to be informed of the charges against you. Talking to an Orange County criminal defense lawyer can help you gain a clearer understanding of your situation and navigate the legal process with confidence. 

California Arrest Warrants: The Basics

Legally speaking, what exactly is a California arrest warrant? It’s a legal document issued by a judge that authorizes law enforcement officials to arrest someone suspected of committing a crime. According to the Public Policy Institute of California, arrest rates in California have gone down yearly since 1989. The overall arrest rate has dropped continuously since 2006 because of a slowdown in misdemeanor arrests and less arrests of young people. 

Conducting a California Warrant Search

If you suspect that there might be an arrest warrant issued against you, you can ask an Orange County criminal defense lawyer to conduct a warrant search for you. By conducting a warrant search, you can find out if there is an active warrant for your arrest. There are several ways to perform a warrant search in California:

• Online warrant search: Many counties in California have online databases where you can search for active warrants. These databases can be accessed through the county’s sheriff’s office or court website. Simply enter your name and other relevant information to check if there is a warrant in your name.
• Local law enforcement: You can also contact your local police department or sheriff’s office to inquire about any active warrants against you.
• Legal assistance: If you are unsure about conducting a warrant search on your own, again, your lawyer can assist. 

Elements of an Arrest Warrant

An arrest warrant in California must meet certain requirements to be considered valid. These requirements include:

• Probable cause: The arrest warrant must be based on probable cause, meaning that there must be enough evidence to believe that the person named in the warrant has committed a crime.
• Specificity: The warrant must clearly state the name of the person to be arrested, as well as the specific crime they are suspected of committing.
• Issuing authority: The warrant must be issued by a judge or magistrate who has the authority to issue arrest warrants.
• Authorization for arrest: The warrant must authorize law enforcement officials to arrest the named individual.

Who Has Authority to Issue Arrest Warrants?

In California, arrest warrants can be issued by a judge. They have the authority to issue warrants based on probable cause. When a law enforcement agency presents evidence to a judge or magistrate, it is up to them to determine whether there is sufficient evidence to issue the warrant. Judges play a critical role in ensuring that the people’s rights are protected and that warrants are not issued without proper cause.

How Can Police Execute Arrest Warrants in California?

Once an arrest warrant has been issued, law enforcement has the authority to execute the warrant and arrest the named individual. Police officers can visit a person’s home, place of employment, or any other location where they believe that person may be present to make the arrest. If you are being arrested, you have the right to remain silent and the right to a lawyer. Do not give up, delay, or bypass in any way your right to speak to a criminal defense attorney in Orange County as soon as possible. Protect your rights and ensure that you are not taken advantage of during the arrest process.

I’m No Longer in California. Can I Be Arrested?

If you have an active arrest warrant in California but are no longer in the state, you can indeed still be arrested. Law enforcement in other states have the authority to detain people with active California arrest warrants. Be aware that the process of extraditing an individual from one state to another can be time-consuming. The decision to extradite someone, or send them back to California via the legal system, depends on various factors like the seriousness of the crime and the resources available to local law enforcement. If you find yourself in this situation, please don’t hesitate to reach out to a criminal defense lawyer in Orange County—that’s what we are here for.

Is There Any Way to Stop an Arrest Warrant?

If an arrest warrant has already been issued against you, it’s definitely challenging to stop the warrant from being executed. However, there are legal options available that may help in certain situations:

• Negotiating a surrender: In some cases, an attorney can negotiate with law enforcement officials on your behalf to arrange a voluntary surrender. This allows you to turn yourself in under controlled circumstances, mitigating the risk of a potentially hostile arrest situation.
• Challenging the warrant: If you believe that the arrest warrant was issued without proper cause or that your rights were violated during the warrant process, an attorney can help you challenge the warrant in court.
• Resolving the underlying issue: In some cases, addressing the underlying issue or resolving the charges against you may lead to the warrant being quashed or withdrawn. An attorney can guide you through the legal process and advocate for your best interests.

Can I Get Out on Bail?

If you are arrested and taken into custody, posting bail may be an option. Bail allows people to secure their release from jail while awaiting trial by providing a financial guarantee that they will appear in court. The amount of bail set by the court varies depending on various factors, including the severity of the crime and the defendant’s flight risk. To secure your release through bail, you can pay the full bail amount in cash or provide a bail bond. 

Contact a Criminal Defense Lawyer in Orange County Now!

Reach out to the Law Office of William Bruzzo now to speak with a helpful, reputable Orange County criminal defense attorney now. Let our legal team protect your rights and provide the legal representation you need. Don’t face an arrest warrant alone!