Dealing with Criminal Warrants
An active criminal warrant is a legal order issued by a judge authorizing law enforcement to take specific actions, such as arresting or detaining an individual suspected of committing a crime. Active warrants remain valid until recalled, meaning you could be arrested at home, work, or during a routine traffic stop.
The key to managing an active warrant is addressing it immediately. Ignoring the warrant could lead to unexpected arrests or additional penalties. Consulting with a knowledgeable criminal defense attorney ensures you can handle the warrant appropriately and avoid further complications.
What Is an Active Criminal Warrant?
An active criminal warrant is a legal order issued by a judge authorizing law enforcement to take specific actions, such as arresting or detaining an individual suspected of committing a crime. Active warrants remain valid until recalled, meaning you could be arrested at home, work, or during a routine traffic stop. The key to managing an active warrant is addressing it immediately. Ignoring the warrant could lead to unexpected arrests or additional penalties. Consulting with a knowledgeable criminal defense attorney ensures you can handle the warrant appropriately and avoid further complications.
Types of Warrants
There are three primary types of warrants issued in California. Each type carries serious implications, and failing to address a warrant can result in additional legal problems:
- Arrest Warrants: Issued when authorities have probable cause to believe you committed a crime. Judges authorize law enforcement to detain the suspect, allowing for an arrest at any location, including your home or workplace.
- Bench Warrants: Issued when someone fails to appear in court as required, violates probation, or does not comply with court orders. A judge issues this warrant to compel the individual to appear in court.
- Search Warrants: Authorize law enforcement to search a specific location for evidence of a crime. While not directly related to arrests, evidence found under a search warrant could lead to charges and subsequent warrants.
How Is a Warrant Issued?
A judge generally issues a criminal warrant based on probable cause. This typically involves evidence presented by law enforcement or grand jury findings. Common scenarios that lead to warrant issuance include:
- Failure to Appear in Court (Bench Warrants): Not showing up for a scheduled court date results in the judge issuing a warrant.
- Probation Violations: Failing to comply with the terms of a probationary sentence can lead to a warrant for your arrest.
- Formal Arrest Warrants: Law enforcement submits evidence, arguing there are sufficient grounds to suspect you of a crime, prompting the judge to issue a warrant.
- Search Warrants: When law enforcement has probable cause to believe a crime is being committed, they can request a search warrant from a judge.
- Extradition Warrants: If you’re wanted for a crime in another state or country, an extradition warrant allows local authorities to arrest and transfer you to the jurisdiction where the alleged crime occurred. Warrants do not expire and remain active until they are recalled. This means that even if you move out of state or change your name, a warrant will still be valid, and any contact with law enforcement may result in your arrest.
