If you've ever been arrested or witnessed an arrest, you are aware of how unpleasant the procedure could be. The police could unexpectedly show up at your door with a warrant if they have reason to believe you are involved in illegal activity. Most people who are about to be arrested have no idea that a warrant for their arrest exists against them. This is because you will not receive any notifications regarding a warrant issued by the court. It then becomes your responsibility to find out if you have any active warrants before your arrest. But how can you find out if a warrant has been issued against you by the court? Read on to find out more.
Finding Out If There Is an Active Warrant for Your Arrest
If there is an active California warrant for your arrest, it means that the law enforcement or sheriff has the legal right to take you into custody for certain charges. When this happens, you have the right to be informed of the reason behind your arrest.
Active California warrants have not yet been served by law enforcement and have not led to an arrest. When a warrant is active and not executed within a specific period, it is considered an outstanding warrant.
Legally, a police report is required before a warrant can be issued. The next step is to submit a deposition that will serve as official testimony regarding the specifics of the alleged offense committed by the named person.
Finally, the judge decides if there is probable cause to arrest the individual. An active warrant will be granted by the court or judge if the evidence indicates probable cause.
Usually, a particular police officer is given a warrant and is required to arrest the suspect. The person must thereafter be brought before the court to be found innocent or guilty. The presumption of innocence extends to the accused regardless of their arrest.
If you are unsure about whether you have any active warrants against you, you could do the following:
Run a Background Check on Your Records
An individual might learn about any arrest warrants by looking into their criminal records from a background check. The warrant is not the only piece of information that the check reveals. These records include your birth date, past criminal convictions, credit report, schools you attended, and information on previous criminal arrests.
You can conduct a background check independently using public records, government agencies, or online resources. You can also hire a third party to conduct the background investigation for you. Doing this will help you understand if the police have grounds to arrest you, any suspicions about your illegal actions, or potential criminal charges you may face.
The police database is updated by the clerk after the court issues your arrest warrant. The entries imply that your information is available to the justice department throughout the country.
Search County or State Records Online
California does not have a statewide database for warrants. The warrants are only recorded in the jurisdiction where they were issued. In addition, California active warrants are made public information only once they are executed. However, this data is occasionally made publicly accessible online.
Any information regarding the issuance of an arrest warrant can be obtained from the sheriff's office or the California Superior Court. The majority of offices offer online services, and since their data is updated every day, you have access to it from anywhere, at any time.
Next, go to the website or office to find out if you currently have an outstanding arrest warrant. When you find out about your warrant before your detention, you will be given enough time to make better plans on how to move forward. You will be able to consult with a lawyer and get legal assistance and advice.
Start by looking up your entire name on the county's arrest records. If there is a warrant out for your arrest, you will find it under the Los Angeles County's records. Additionally, to find out if the judge has issued a warrant, you can look up your name on California's Superior Court website.
Look for any outstanding arrest warrants while on the website. You should submit some information on the internet, such as your name, birth date, driver's license number, and case number.
Speak with an Experienced California Criminal Defense Attorney
Getting competent legal counsel is another essential step toward learning if there is a warrant for your arrest. California's database, which might not be accessible to members of the public, is accessible to the state's registered attorneys. So, if you hire a qualified lawyer, you will probably find accurate information.
Immediate legal representation is essential when you have reason to suspect that law enforcement is actively seeking your whereabouts and may apprehend you without warning. Your defense lawyer will walk you through the entire legal process and assist you in understanding the current circumstances. If your arrest warrant is still active, the lawyer will help you decide what to do next.
Get in Touch with a Local Police Station or Federal Court
Another way to find out if you've got a warrant for your arrest in California is to call the local police department or federal court. Proceed with this only after you are prepared to respond to multiple inquiries from law enforcement officials or magistrates.
Therefore, go to the local police station or federal court if you are convinced that you are the subject of a warrant. If you are unsure about it, have someone else inquire.
You will be asked to provide important information about yourself, such as your date of birth along with your full name. The officer in charge will make use of the details you provide to search the database and provide you with the answers you seek.
What Distinguishes a Bench Warrant From an Arrest Warrant?
An arrest warrant can be issued when authorities have probable cause to believe you committed a crime. This is a formal start of a criminal investigation. Bench warrants can be issued at any point during a court case. They can be obtained for breaking court orders, for example, skipping a hearing or not paying a fine. Both kinds of warrants give police the right to arrest you.
Arrest Warrants
If you are suspected of being involved in a criminal act, judges will issue a warrant for your arrest to the police officers so they can pursue and arrest you. The warrant is issued by the judges based on the evidence presented in court or the jury's indictment. The following information should be present on your arrest warrant to determine its validity:
- The issuing county or city
- Your full name
- When the warrant was issued
- The crime you are allegedly suspected of committing
Bench Warrant
If the court determines that an individual has disobeyed its orders, it will issue a bench warrant against them. A bench warrant, also known as a body attachment, cannot be issued after alleged criminal activity. A bench warrant can be issued when you:
- Did not show up for your court hearing or progress report
- Disregarded any court orders
- Did not pay a fine
- Refused to provide child support or alimony
- Did not pay a traffic ticket or citation
- Violated your probation
- Did not show up for a subpoena
Remember that police shouldn't use lethal force to carry out a warrant execution unless required to do so. Also, a bench warrant typically has no expiration date. It will continue to be in force until:
- You show up in court
- The judge recalls it
Consequently, bench warrants can stay active forever, regardless of when they were issued or your current location.
Failure To Appear (FTA) Warrants
Failure to appear warrants are among the most common types of bench warrants. If the courts determine that you deliberately failed to appear, you may be subject to criminal charges and your driver's license suspension. "Willful failure to appear" refers to the deliberate act of not attending a court proceeding within fourteen days of the scheduled hearing date.
Failure to comply with a written commitment to appear usually counts as a misdemeanor offense. This can result in a maximum sentence of 6 months behind bars. If you are granted bail for a misdemeanor crime, failing to show up for trial counts as another misdemeanor offense, which can result in a maximum of six months in state jail.
However, if you were released on bail for a felony charge and you do not show up for the trial, you could be subject to the following:
- Misdemeanor charges with a maximum sentence of one year behind bars
- Felony charges with a maximum imprisonment sentence of three years
Failure to Pay (FTP) Warrants
A Failure to Pay (FTP) warrant is another common type of bench warrant that can be issued if the court fines are allegedly not paid by the due date. Willful FTP is a misdemeanor offense punishable by a 30-day license suspension, $300 civil assessment, and probation. The court should not punish you if you have no money to pay the fines.
What Can I Do If There Is A Warrant Out For My Arrest?
If the court issues a warrant for your arrest, your attorney can take you to court and have your warrant removed without you having to serve time in police custody. By doing this, you can avoid the humiliating situation of being apprehended at your residence or workplace.
A bench warrant usually remains active until you show up in court and a judge grants the request to have it revoked. You can have your lawyer represent you in court as long as:
- You did not attend a scheduled court hearing
- You did not make payments related to your misdemeanor crime
It is advisable to remain discreet if you have any outstanding arrest warrants until your lawyer can have them revoked or invalidated. If a law enforcement officer stops you for a traffic infraction, they have the right to take you into custody as soon as they confirm your identity and find out there is an active arrest warrant out for you.
Having an active warrant can be an issue if you're looking for a job, a place to live, on the immigration record, or require a renewal of your driver's license. The sooner you resolve the warrant, the better.
What Happens If I Have an Out-of-State Warrant?
If a California court issues a warrant for your arrest while you are outside the state, law enforcement agencies will locate and apprehend you. However, law enforcement agencies will transfer you into the custody of that particular state. Each jurisdiction has its distinct regulations regarding arrest and detention, which vary from one another.
The process of returning you to your home state is known as extradition. Depending on the severity of the offense, the law could allow you to return to your home state to face sentencing. The legal process is costly and exclusively applies to serious offenses such as violent crimes and drug-related charges.
The state holding you in custody will conduct several court hearings to confirm your identity as the individual listed on the warrant. The arresting officer should explain the reason they are holding you in custody.
During the proceedings, you can respond to the issued warrant. You have the option to forgo the extradition process and the 30-day detention period to determine if the home state will cover the cost of extradition.
If you or a loved one is facing a similar situation, consult with your defense lawyer. They can help you in fighting against the charges and skipping the extradition process if the crime in question is minor. If your case involves a violent offense, they can help you throughout the entire extradition process.
What Happens To My Warrant If I Leave the Country or State?
If you are aware you are being pursued by the court and flee, you could be classified as a "fugitive from justice." This applies even if you believe you are clear of all allegations. Fugitives are extradited regardless of their reasons for fleeing the state.
Extradition refers to the process of transferring an offender from their place of hiding to the jurisdiction or country where they are accused of committing a crime. Essentially, this implies that if you try to flee and are apprehended, you would not only be held accountable for your criminal offenses but also be subject to more severe penalties for evading the jurisdiction of the court.
However, if you were unaware of the warrant, you would not be classified as a fugitive. This could change the circumstances under which you will be returned to California to deal with your pending allegations.
The laws that govern California extradition are technical and complicated. Before being extradited to California, you have the right to a hearing to challenge the process. It is crucial to seek guidance from a skilled criminal defense lawyer to effectively contest an extradition order.
What are the Consequences Of An Unlawfully Issued Warrant?
If a law enforcement officer illegally detains you, the court could consider dismissing or reducing the charges. The court will evaluate all available evidence before reaching a final decision. A good example is when a police officer engages in wrongful misconduct.
If the officer is found guilty of misconduct by the court, your lawyer may ask that the proof presented against you be withdrawn. For example, if the warrant states that you cannot be arrested after certain hours, law enforcement should not violate that order.
Another way of proving the illegality of your warrant is through the use of the writ of habeas corpus. If you feel you were wrongfully arrested, you can seek a writ of habeas corpus to submit your evidence. Afterward, a judge can drop the charges after the court has reviewed your case.
Can I Still Secure a Job Despite Having An Active Warrant?
California employers with five or more staff members cannot conduct a third-party background check or inquire about past convictions unless they present you with a conditional offer for employment and you give written consent. At this point, the hiring firm can conduct an individual assessment to check whether a warrant is invalid.
How Can a Criminal Defense Attorney Help?
If you are facing pending warrants, you should consult a legal professional. When facing charges of crimes and evading warrants, you'll always have to watch your back. A Los Angeles defense attorney understands the legal system and what it takes to build a solid defense to settle your pending warrants.
Whether you are charged with a traffic offense, a DUI, a drug crime, or a violent offense such as assault or rape, you need a defense lawyer on your team. You have the right to legal counsel that can vigorously advocate for your interests. They can use their expertise to solve problems you are unable to resolve on your own.
Find a Criminal Defense Attorney Near Me
If you are convinced that there are outstanding warrants for your arrest, you should contact a criminal defense lawyer to address the matter promptly. Your lawyer can explain your legal options to avoid arrest. They can promptly start preparing your defense to improve the chances of a favorable outcome in your case.
We at The LA Criminal Defense Law Firm can help you determine if there is a pending warrant in your name. Our attorneys will advise you on the appropriate actions to take until your case is resolved. Call us today at 310-935-1675 to schedule your consultation.
