Facing an arrest warrant in California can be a daunting situation, but hiring a skilled criminal defense attorney can make a significant difference. In this blog, we’ll explore why it’s crucial to seek legal representation when dealing with an active bench warrant and how an attorney can help in recalling the warrant in California without possibly having to “turn yourself in” to a jail.
Understanding Arrest Warrants in California
A bench warrant is issued by a judge when an individual fails to appear in court as required or violates a court order. There is also a mechanism the District Attorney’s office uses when they file felony charges against someone and ask for an immediate warrant to be issued if the person was never arrested when the alleged crime occurred. This is a shady move on the part of the prosecutor, but it is a common occurrence. The bench warrant authorizes law enforcement to immediately arrest the person and bring them before the court. Certain counties allow you to search the sheriff’s website to see if there are any active warrants in the county where the alleged incident occurred.
Consequences of an Active Warrant
Having an active bench warrant can lead to serious consequences. Law enforcement can arrest the individual at any time, which can disrupt their life, their job, and their family. Depending on where the warrant was issued and where the defendant lives, it can lead to incarceration, and create a negative legal record since the person would be “booked and fingerprinted”. This booking would show up on a background check.
The Role of a Criminal Defense Attorney
Hiring a criminal defense attorney is crucial when dealing with an active arrest warrant. As we have done for several clients, a criminal attorney can get the warrant recalled by immediately going to court and getting the case in front of a judge. Some judges allow this to be done without the person even being present, depending on the circumstances. Those who have never been arrested before have the best chance of getting their warrant recalled without having to physically show up to court to do so. Here are some key reasons why you should hire a criminal defense attorney to help:
Legal Expertise: A criminal defense attorney has a deep understanding of California’s legal system, including the procedures for recalling bench warrants, especially in the counties where they practice. They can navigate the complexities of the law and advocate for the best possible outcome for their client.
Communication with the Court: An attorney can communicate with the court on behalf of their client to address the bench warrant, present arguments, and negotiate with prosecutors to recall the warrant and resolve the underlying legal issues.
Protection of Rights: A defense attorney ensures that their client’s rights are protected throughout the legal process. They can challenge the validity of the warrant, address any procedural errors, and work to minimize the consequences faced by their client.
Court Representation: The attorney will represent their client in court hearings related to the arrest warrant. They will present arguments, negotiate with prosecutors, and advocate for the recall of the warrant. If the court agrees to recall the bench warrant, the attorney will ensure that the client complies with any conditions set by the court, such as appearing for scheduled hearings or fulfilling legal obligations.
Benefits of Hiring a Criminal Defense Attorney
Hiring a criminal defense attorney offers numerous benefits when dealing with an active bench warrant. An attorney provides expert legal guidance and advice tailored to the client’s specific situation, helping them make informed decisions. By addressing the bench warrant promptly and effectively, an attorney helps reduce the risks of arrest, incarceration, and additional legal consequences. Having a skilled attorney handling the case provides peace of mind to the client, knowing that their legal rights and interests are protected.
Conclusion
Dealing with an active arrest warrant in California requires prompt and strategic action. Hiring a criminal defense attorney is essential to navigate the legal complexities, recall the bench warrant, and work toward a favorable resolution. By having skilled representation, individuals can protect their rights, minimize risks, and achieve a positive outcome in their legal matters. If you or a loved one have an active bench warrant that needs to be addressed immediately, contact our office at Kenney Legal Defense for a free quote for emergency services.