A warrant is issued as a result of a court order signed by a judge that allows or directs law enforcement to take some sort of action. The most common types of warrants include:
- Alias Warrants
- Arrest Warrants
- Bench Warrants
- Extradition Warrants
- Search Warrants
An experienced Stockton criminal defense attorney in the Central Valley area can explain the differences between each type of warrant in great detail. However, below is a general overview that can help you while you contact your attorney.
An alias warrant is typically issued by a presiding judge in a case when an individual either fails to appear in court for an initial hearing or a scheduled court date before a plea has been entered or responds to a citation in person or by mail. Receiving and signing a citation is similar to promising that you will appear in court at a specific date and time. Failure to appear automatically adds another offense to your file called “Failure to Appear.”
An arrest warrant is a legal document signed and issued by a presiding judge that allows law enforcement to take an individual into custody. These types of warrants are issued when the judge is presented with probable cause to believe that the individual has committed a crime.
It should be noted that an arrest can be made by an officer of the law without a court-issued warrant. In other words, law enforcement can arrest an individual without a warrant under specific conditions.
A bench warrant is a written order issued by a presiding judge that authorizes the arrest of an individual with some contempt, crime or misdemeanor. This type of warrant is commonly issued for multiple reasons in California, include:
- The willful failure to pay fines or restitution before the date set by the court
- Failure to appear for a scheduled court date
- When a defendant commits a probation violation
An extradition warrant is issued for the return of a fugitive from jurisdiction to another. This formal warrant of arrest is issued by the governor in one state or country for the arrest and detention of a fugitive who has committed a crime in one jurisdiction to be returned to another state or county to be tried in a court of law.
A search warrant is issued by a presiding judge to allow law enforcement officers to conduct search of a specific location, certain individual, or an automobile for criminal evidence. Law enforcement can seize any evidence discovered as a result of the lawful and specified search to be used against the defendant during their criminal case.
Call an Experienced Stockton Criminal Defense Attorney
You have the right to have an attorney present with you when responding to a warrant. In fact, it is imperative that your attorney accompany you so your rights are protected. For more information or to schedule a complimentary consultation with Stockton criminal defense attorney Gurjit Srai, please call (209) 323-5558 or complete our online form.