If you break the law in front of the police, they do not need a warrant to arrest you.
Under California law, the police can arrest you in one of two ways: with a valid arrest warrant, or if they see you committing a crime (breaking the law). While it may seem unusual for a person to commit a crime in front of a police officer, it happens more often than you might think. Consider public intoxication, driving under the influence of alcohol, or assaulting a police officer — all are crimes that could occur in the presence of a police officer that could lead to an arrest without an arrest warrant.
However, if a police officer does not witness you committing a crime, then he or she will need to have a valid arrest warrant in order to arrest you for the alleged crime. In order to get an arrest warrant, the officer will need probable cause to believe that you committed the crime. In other words, there must be a reasonable belief that criminal activity has occurred — and that you committed the crime. To get the arrest warrant, the police officer must talk to the prosecutor, who then will make a request to a judge for an arrest warrant. If the judge believes that a crime was committed and that you committed the alleged crime, then a judge will issue the arrest warrant.
Alternatively, if the prosecutor convenes a grand jury to determine if there is probable cause to charge you with an offense, then an arrest warrant could be issued at the end of this process. If you are indicted by the grand jury — that is, if the grand jury finds that there is probable cause to believe that you committed the alleged offense — then the judge will issue the arrest warrant.
Once an arrest warrant has been issued, then the police can serve or execute the arrest warrant. That means that the police can come to your home or place of work or other location to arrest you for the crime that you have allegedly committed. In doing so, the police do not need to bring a copy of the arrest warrant; it is enough that they were legally informed of its existence, such as by running your license after a traffic stop. The prosecutor may also request that the judge issue a summons instead of an arrest warrant, allowing you to appear before the judge in court instead of being arrested. This is typically an option for non-violent and misdemeanor crimes.
There are specific rules that apply to how long the police have to execute arrest warrants, what time of day arrest warrants can be served, and even what happens if you are arrested in a county outside of where the warrant was issued. A skilled California criminal defense attorney can help you determine if these issues will impact your case, and if they may provide you with a defense to your charges.
At the Chambers Law Firm, our attorneys are highly experienced at all phases of the criminal process, from the initial arrest through the final resolution of the case. We offer free initial consultations, where we help our clients understand their legal rights and options. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you.
