Do You Have an Arrest Warrant?

Posted by Karren Kenney | 0 Comments

How Does an Arrest Warrant Get Issued?

If you ever find yourself facing a warrant, you may wonder how and why it was issued.  In Orange County, the justice system allows for warrants to be issued and here are the different types that are allowed:  arrest warrants and bench warrants.

Arrest Warrant – Issued at the Request of Law Enforcement

If you have an arrest warrant in Orange County, it would be as a result of a law enforcement request.  In Orange County, when the District Attorney's office files charges against an individual, they have the ability to request the court to issue an arrest warrant as soon as they file the charges if the person is out of custody at the time charges are filed.  Even if you are aware you were under investigation before charges were filed, and had a criminal lawyer representing you during the investigation of the case, the police often times never contact the attorney to let her know that they submitted a police report to the District Attorney's office requesting charges to be filed.   Instead, the assigned Deputy District Attorney will file charges and at the time the charging document is filed, the will request the court to issue an arrest warrant.  The best way to avoid a surprise visit from the police to arrest you due to the warrant, you should hire a criminal attorney to assist during the investigation and check on the status of charges being filed every couple weeks.

Bench Warrant – Issued By the Judge When There is a Failure to Appear

If you find yourself facing a bench warrant, it is because you failed to appear in court on a criminal case, or the filing prosecutor asked for a warrant to be issued when they filed charges against you.  This type of warrant can even be issued if you never even knew about the charges.  Most people receive a citation with a court date that is listed on the document.  You go to court on the date listed on the citation, and no charges were filed.  You go to the District Attorney's office to find out what happened.  They will tell you if the case has been filed or if it is still under review. If it's still under review and they file charges within the statute of limitations, you will receive a letter in the mail with the date you need to go to court.

You hire a defense attorney while you’re under investigation, have been contacted by police, or believe charges may be coming—but before a prosecutor has formally filed a case. At this stage, there may be:

• A police investigation
• A detective requesting an interview
• A report sent to the District Attorney
• A warrant or charging decision still pending

At Kenney Legal Defense, they regularly represent clients for "pre-filing matters, and have had great success in advocating against charges being filed. If you or someone you know needs assistance, contact Kenney Legal Defense.