Available To Serve You Nationwide On All Federal Cases
This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
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. An arrest warrant is not valid until it is an arrest warrant signed by a judge, which authorizes law enforcement to act. Warrant lawyers specialize in helping clients resolve arrest warrants and avoid unnecessary jail time. Contact us for a free consultation to discuss your case and legal options.
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. Missing your court date can result in a bench warrant being issued, making it crucial to attend all scheduled court appearances to avoid further legal trouble. Criminal defendants have the right to legal representation before and after an arrest to protect their rights throughout the process. 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. Some warrants may be issued in federal courts, especially for offenses under federal jurisdiction. 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. Outstanding warrants can lead to arrest at any time, and consulting a lawyer is crucial to resolve them. A warrant is issued when there is probable cause that a person committed a crime. Once a warrant has been issued, it is important to act quickly to resolve it with legal help.
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. Warrants can also be issued for other violation of court orders or legal requirements. Sometimes a person may not know a person's arrest warrant has been issued against them until they are stopped by police.
Hiring a criminal defense attorney is crucial when dealing with an active arrest warrant. Hiring legal counsel is one of the most effective ways to resolve an active 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: As a general rule, 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, with the judge's bench as the authority issuing the bench warrant.
Benefits of Hiring a Criminal Defense Attorney
Hiring a criminal defense attorney offers numerous benefits when dealing with an active bench warrant. Misdemeanor warrants, such as those for misdemeanor offenses like DUI or shoplifting, remain active until resolved by the court. Misdemeanor warrants are handled differently from felony warrants, and an attorney can help address both. 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. Probation violations can also result in warrants being issued, and an attorney can help address probation-related issues. 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. Warrant lawyers specialize in helping clients resolve arrest warrants and avoid unnecessary jail time. Contact us for a free consultation to discuss your case and legal options.
2900 Bristol Street, Suite C204, Costa Mesa, CA 92626. Contact us for directions or assistance.
401 West A Street, Suite 200, San Diego, CA 92101
When dealing with the legal system, it’s important to understand the different types of warrants that may be issued against you. The most common are arrest warrants, bench warrants, and search warrants, each serving a distinct purpose in the legal process.
An arrest warrant is a legal document signed by a judge that authorizes law enforcement officers to arrest a person accused of committing a crime. This type of warrant is typically issued when there is sufficient probable cause to believe that a crime has occurred and the person named in the warrant committed the offense. Arrest warrants typically require law enforcement to take the accused into custody and bring them before the court to answer to the charges.
A bench warrant is issued by a judge when a person fails to appear in court as required or does not comply with a court order, such as failing to pay court-ordered child support or court-ordered fines. Unlike an arrest warrant, a bench warrant is not always related to a new criminal offense but rather to a violation of court procedures or orders. If a person fails to appear in court or ignores court orders, the judge believes there is cause to issue a bench warrant, which authorizes law enforcement to arrest the individual and bring them before the judge’s bench.
Search warrants are another type of legal document that allows police officers to search a person’s property for evidence related to a crime. While not directly resulting in a person’s arrest, search warrants can lead to criminal charges if evidence is found.
If you discover that there is an outstanding warrant—whether it’s an arrest warrant or a bench warrant—it’s crucial to contact a criminal defense attorney immediately. A skilled attorney can explain the legal process, protect your rights, and help you determine the best way to address the warrant before it leads to a police arrest or other serious consequences.
Facing an active bench warrant or arrest warrant can be a stressful time, but taking the right steps can help you avoid immediate arrest and jail time. One of the most effective ways to stay out of jail is to voluntarily surrender to law enforcement with the guidance of a criminal defense lawyer. By doing so, you demonstrate to the court that you are taking responsibility and are willing to cooperate with the legal process.
When you voluntarily surrender, your criminal defense attorney can often negotiate with the court for a lower bail amount or even request that you be released on your own recognizance, depending on the circumstances of your case. This approach can help you avoid the embarrassment and disruption of being arrested at work, at home, or during a routine traffic stop. It also gives you the opportunity to address the warrant on your own terms, rather than risking a sudden police arrest.
A criminal defense lawyer will guide you through each step, ensuring your rights are protected and helping you understand what to expect during court appearances. They can also work to have the warrant removed or recalled, minimizing the risk of hefty fines, additional charges, or extended time in custody.
Remember, warrants never expire, and ignoring an active bench warrant or arrest warrant can lead to more severe consequences, including increased bail, additional charges, and a negative impact on your record. Don’t wait until you are taken into custody—contact a criminal defense attorney as soon as possible to determine your options and take control of the situation. Taking proactive steps now can make all the difference in achieving a favorable outcome and staying out of jail.
