Warrant FAQs
This article boils down common questions people have about the warrant process and empowers defendants (and family members of defendants) by suggesting a superior resource to help you construct a sound legal defense.
What is a warrant?
A warrant is a document that authorizes the arrest, detention, or search of an individual or an individual’s property.
What are some types of warrants?
- Arrest warrant – this is a sworn affidavit that says that there is probable cause that a designated person committed a specific crime. In general, a police will need an arrest warrant to arrest you for a criminal misdemeanor that did not occur within an officer’s view. If an officer has probably cause that you committed a felony, in general, he or she will not need a warrant to arrest you.
- Bench warrant – this is a variation of the arrest warrant. A judge from the bench issues authorization for your immediate arrest on sight. A bench warrant may be served if you are in contempt of court or you failed to pay child support or appear for a jury duty summons. Bench warrants can be served in both criminal and civil proceedings.
- Search warrant – a search warrant is a document issued by judge to authorize law enforcement agents to enter private property to look for the proceeds of a crime, property used in a crime, or other evidence that a crime has been committed.
Does the jurisdiction of my warrant matter?
Yes. If a judge issues a warrant for your arrest in Orange County, that warrant can only be enforced within the boundaries of the county. If there is a warrant for your arrest in the entire state of California, that warrant is enforceable throughout the state. Likewise, if the federal government issues a warrant for your arrest, you can be arrested anywhere in the United States.
What is an outstanding arrest warrant?
This is a warrant that law enforcement agents have yet to serve.
How many outstanding warrants are there in California?
According to a 1999 survey, 2.5 million outstanding warrants existed. Approximately 1 million of those warrants were in Los Angeles County.
How long do warrants stay in effect?
A warrant will remain outstanding until you appear in court or are brought to court in custody. Warrants do not just disappear after a certain amount of time.
What are some reasons why a warrant might be issued against me?
- You ignored a court order to pay fines, pay restitution to someone, pay traffic citations, or make child support payments.
- You are suspected of committing a misdemeanor or felony crime.
- You violated community service orders or probation orders.
- You ignored a jury duty summons.
- You failed to appear at a court hearing for sentencing or for the purpose of hearing criminal charges against you.
- You demonstrated contempt of court. For instance, you disrespected a judge.
What should I do if there is a warrant for my arrest in Southern California?
Connect immediately with a skilled and experienced Newport Beach criminal defense lawyer. Attorney Maltaise Cini has over 17 years of experience helping defendants in criminal matters. Explore more about her philosophy, background, and experience at www.maltaisecinilaw.com, or call (949) 660-1389 to set up your confidential case evaluation.