Walking through life knowing there is a warranty out for your arrest can cause undue paranoia and worry. If you are in this position, then we encourage you to contact a local criminal defense attorney who can help you clear up your warrant. Read on to find out more. Then contact Chambers Law Firm at 714-760-4088 for a free consultation.
There are two types of warrants
The first thing we will do is find out if the warrant in question is a bench warrant or arrest warrant. In the event that it is a bench warrant, which is a charge in which a defendant did not appear at a hearing, we will move forward accordingly. If you were out on bail then we will work with the bail agent to see if they can re-assume the bond for a small fee.
If you missed a court appearance and were not out on bail then we will work directly with the courts. We can work to have another date set to have your charges taken care of.
Understanding how warrant are issued
Note that only a magistrate can issue an arrest warrant. What does that mean? Put simply, every California judge is a magistrate. A police officer cannot issue their own arrest warrant – they must prove to a judge that there is probable cause to arrest a person. The police have three potential ways to have the warrant issued:
- Filing a complaint directly with the court
- Submitting a written declaration of probable cause (also known as a Ramey warrant)
- Baking an oral report under oath either in person or on the phone
Probable cause is necessary
No matter who is trying to get the warrant or how they are attempting to do so, probable cause is necessary. The officer cannot just simply believe that the law was violated, they must be able to show probable cause. The judge is acting as an independent person who is supposed to look at the evidence in an unbiased way. The judge can refuse the warrant if they do not see probable cause or they issue it as the police officer requested.
It is not wise to run away from a warrant
While it may seem too scary to turn yourself in, it is at least worth it to talk to an attorney about your warrant. No matter what the warrant is for, whether a warrant for committing a murder or driving without a license – or anything in between – an attorney can offer you options for moving forward. It may be that we take your case to court. It may be that we work out a plea deal.
Regardless of the specifics, one thing is true for most defendants: Living in constant fear of being arrested is no way to live. Contact Chambers Law Firm at 714-760-4088 now to find out how we can help.
