An active warrant in your name authorizes a sheriff or police officer to arrest you in connection with a specific charge. In California, active warrants are those warrants that law enforcement agencies have not yet served, and no arrests have yet been made. California judges can issue two different types of warrants: Arrest warrant and a bench warrant. If you believe that either of these warrants have been issued in your name, it is imperative that you immediately consult with an experienced Fresno criminal defense attorney to protect your legal rights.
What Is an Arrest Warrant?
An arrest warrant is a court order issued by a judge for the arrest or detention of an individual who has allegedly committed a crime. Judges typically issue an arrest warrant after a law enforcement investigation has been completed. The judge needs to determine the following before issuing an arrest warrant:
- Whether there is a reasonable suspicion that a crime has in fact been committed
- The individual named in the warrant was the person who was involved in the crime
Once the judge is convinced both requirements have been satisfied, he or she will sign the arrest warrant. The law enforcement agency will then have the right to detain the individual named in the warrant. The warrant can require that the person put up bail before getting released from jail. The bail acts as a guarantee that the individual will return to court. However, if the person is a flight risk, the judge can issue an arrest warrant with no bail.
What Is a Bench Warrant?
A bench warrant is a court order when an individual fails to appear in court after they were ordered to appear by either law enforcement, their attorney, or a judge. If the individual fails to appear, the judge will issue a bench warrant that will ensure the court appearance of the individual charged with a crime, or a witness, to appear in court.
A Criminal Defense Attorney Can Help!
If you know or believe there is a bench or arrest warrant issued for you, you should immediately retain a Fresno criminal defense attorney to help protect your legal rights. An aggressive lawyer will work to have the warrant cancelled or recalled and quashed by the courts, allowing you to stay out of custody. A good attorney will also help in having a bail bondsman in court to facilitate an immediate release from custody. The sooner you hire an attorney, the more help they can be in dealing with the warrant and the resulting consequences.
Call an Experienced Fresno Criminal Defense Attorney
If you or someone you know has a warrant out for their arrest, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn about your legal rights and options.
For more information or to schedule a complimentary consultation with Fresno criminal defense attorney Gurjit Srai, please call (209) 323-5558 or complete our online form.