An arrest warrant can be issued if you are suspected of committing a California crime
Under both the United States and California constitutions, individuals have certain rights — including the right to be free from searches and seizures without probable cause. Generally, this means that the police cannot search your home or take your property without a warrant (with some exceptions). It also means that unless a crime was committed in front of a police officer, they will need a warrant to arrest you.
In California, an arrest warrant is issued in cases where a person is suspected of committing a crime that took place outside of the presence of a police officer. There must be sufficient facts to support the issuance of an arrest warrant. According to a criminal defense attorney Rancho Cucamonga, CA, a court typically issues an arrest warrant after a law enforcement officer or district attorney testifies (either in writing or orally) to the court that they have a reasonable belief that you committed a crime.
This testimony or declaration must state the facts that give rise to this “reasonable belief.” For example, if you are suspected of a hit and run, the police officer may testify that there are witnesses who will testify that a car matching your vehicle’s description was speeding down the road shortly before the accident, that paint chips of the same color as your vehicle were left at the accident scene, and surveillance video from a nearby business shows a car with a license plate number identical to yours causing the accident. If the judge accepts the declaration and the underlying facts, the court will issue an arrest warrant.
Alternatively, in felony cases, a grand jury may indict a person for a crime. In these situations, after an indictment is received, the judge will issue an arrest warrant for a suspect.
Once an arrest warrant has been issued, then there are three possible options:
- The police may physically arrest you;
- The prosecutor may serve you with a summons to appear in court at a particular time; or
- You can voluntarily surrender and turn yourself in to law enforcement.
If you know that there is a warrant for your arrest, there are certain advantages to turning yourself in; as an experienced criminal defense attorney Rancho Cucamonga, CA can explain, surrendering may increase the likelihood of being released on your own recognizance. This means that you may be able to go home without being required to pay bail, instead go going to jail. If bail is required, because you demonstrated good faith in coming in voluntarily, it may result in a lower bail amount.
If an arrest warrant has been issued against you, a skilled criminal defense attorney Rancho Cucamonga, CA can help you throughout the process, from negotiating a surrender to arguing for your release to defending you aggressively in court. The Chambers Law Firm represents Californians who have been charged with a range of criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
