Court Continued Defendant on Warrant Status

How do "arrest warrants" work? (Former DA explains)

In California, the police can arrest you for committing a crime with or without a warrant.¹ If you get arrested without a warrant, it is most likely because you allegedly committed a crime in an officer's presence (a California DUI, for example).² If, perhaps after an investigation, an officersuspects that you committed a crime, the officer can go to a judge and ask that an arrest warrant be issued.

Do you know or think you have an active warrant for your arrest in California? If so, contact us immediately and see our page on conducting a California warrant search. We can determine

whether there is a warrant,
what it is for, and
the amount of bail.

Sometimes we can take you directly to court and get the arrest warrant cleared without you having to spend time in jail.

We assist clients with arrest warrants throughout the state, including Los Angeles, Long Beach, San Francisco, San Diego, Ventura, Orange County, San Bernardino and Riverside.

In this article, our California criminal defense attorneys will answer some of the most frequently asked questions regarding issuing, executing, and clearing arrest warrants. The questions we will answer include:

If, after reading this article, you have additional questions, we invite you to contact us. Also visit our related pages on California Bench Warrants, California Search Warrants and the Use of Police Informants.

judge signing warrant

An arrest warrant authorizes law enforcement officers to arrest and detain someone if they suspect them of committing a crime outside of an officer's presence.

1. What is A California Arrest Warrant?

A California arrest warrant authorizes law enforcement officers to arrest and detain you if they suspect you of committing a crime outside of an officer's presence.³

Judges issue arrest warrants based on:

evidence presented to them by a peace officer and/or a District Attorney⁴, or
following a grand jury indictment.

In order to be valid, a California arrest warrant must include:

the name of the defendant,
the crime which he/she is accused of committing,
the time of issuance,
the city or county of issuance,
the signature and title of the judge, and
the name of the court.⁵

2. Who can Issue a California Arrest Warrant?

A judge…by one of two ways.

California Arrest Warrants Issued After a Declaration

The first is based on the declaration of an officer and/or D.A. When a law enforcement officer suspects that you committed a crime (outside of their presence), the officer will attempt to obtain an arrest warrant.

In order to obtain a warrant, the officer must demonstrate "probable cause" that you committed a crime.⁶ "Probable cause" is a legal standard. It means that there is a reasonable belief that criminal activity is taking place. This means that when an officer "pitches" the case to the District Attorney, the officer has a reasonable belief that you committed the offense. An arrest warrant issued before charges are filed is referred to as a Ramey warrant.

If, after reviewing the officer's evidence, the D.A. also believes that you should be arrested, the D.A. and/or the officer will present the case to the judge for an arrest warrant. If the judge agrees that there is probable cause that (1) a crime was committed, and (2) you committed the alleged offense, the judge will issue the warrant.⁷

California Arrest Warrants Issued After a Grand Jury Indictment

The second — and the much less common way — for the judge to issue a warrant for your arrest follows an indictment by the grand jury. A grand jury is sometimes convened to determine if there is enough information for a prosecutor to charge you with an offense. If the grand jury finds probable cause to believe that you committed the alleged offense, this triggers an indictment and the judge will likely issue a warrant for your arrest.

Although a judge issues the arrest warrant, law enforcement officersexecute the warrant.⁸

Cartoon of a police holding a warrant.

If the police are attempting to arrest a guest in your home, they must have a search warrant to do so.

3. How do I know if I have a warrant for my arrest?

People in California can perform a search to determine if there is a warrant out for their arrest.

Note that once a judge issues an arrest warrant, the clerk of court enters it into a particular website (which may differ depending on the facts of a case). A party, then, can perform a search into these websites to see if they are subject to an arrest warrant.

In particular, a person can search either:

the local sheriff's website,
the local court's website, or
the website of the Superior Court of California.

A party can also run a criminal background check on themself to see if a warrant is pending.

Further, people in California can always consult with a criminal defense attorney to learn the status of an arrest warrant. A skilled defense lawyer can not only provide information as to the presence of a warrant, but the attorney can also advise a party on the best way to handle the warrant if one exists.

4. What Measures Can Police Take to Execute a California Arrest Warrant?

The most common places for you to be arrested on a warrant are your home or, unfortunately, at your place of work or business.

Arrest Warrants Executed at a Person's Residence

If police officers attempt to execute a California arrest warrant in your home (and believe they must forcefully do so because you have not opened the door after they announced their presence), they must have probable cause to believe you – as the subject of the warrant – are inside.⁹ If the police are attempting to arrest a guest in your home, they must have a search warrant to do so.¹⁰

The Cops Do Not Need to Bring an Actual Copy of the Arrest Warrant

It should be noted that there is no requirement that the officers executing the warrant have an actual copy of it, as long as they can prove that they were legally informed about its existence.¹¹ This most typically takes place when an officer stops someone for a traffic violation and, after running their driver's license, learns that the individual has an outstanding warrant.

Following your arrest, you will most likely be handcuffed and taken to jail. However, there are exceptions to this rule.

A Summons in Lieu of an Arrest Warrant

Sometimes the prosecutor will request a summons in lieu of an arrest warrant.¹² This usually entails a notice you get in the mail, or "served" on you by a process server, ordering you to appear in court on a future date. The summons gives you the opportunity to appear before the judge without being arrested.

A summons (in lieu of a warrant) may occur if, for example, you do not have any other outstanding warrants and if the alleged felony charge does not involve violence or firearms.¹³The other exception applies to certain misdemeanor crimes.

Cite & Release for Some Misdemeanor Offenses

Most misdemeanor offenses fall under the "cite and release" category. If you get cited and released, it means that you do not get arrested and you do not go through a formal booking process (of fingerprinting, booking photos, etc). Rather, you get released just based on a promise that you will appear before the judge on a specific date and time.¹⁴

However, if your alleged crime involves

domestic violence, or
drunk driving, or…
if you have another outstanding warrant for your arrest, or are unable to provide satisfactory evidence of your identification,

you will not be cited and released, but instead will get formally arrested.¹⁵ It should be noted that this list is only an example (and is by no means exhaustive) of the types of circumstances that may render you ineligible for a cite and release situation.

In any event, you will ultimately appear before the judge who issued your warrant or, at the very least, before a judge in the same county if you are arrested for a felony.¹⁶ If you are arrested for a misdemeanor, you will appear before the issuing judge.¹⁷

If you are fortunate enough to be summoned or given the notice to appear instead of being taken into custody, be sure to appear before the judge on the date and time stated. If you do not, a California bench warrant will likely be issued for your arrest,¹⁸ which may result in

fines,
county jail time or state prison sentence, and/or
a California driver's license suspension by the DMV.

The Police Must Execute an Arrest Warrant if Issued by a Judge

Once an officer receives an arrest warrant, the officer must execute it and make an arrest.¹⁹ If the officer willfully fails to do so, the officer may be prosecuted for "contempt of court".²⁰

On a similar note, the warrant must be executed within a reasonable time. If it is not, you may be entitled to a dismissal of the charge(s) on the grounds that your "right to a speedy trial" was violated.

You May get Your Case Dismissed if The Cops Wait Too Long to Arrest You

For example, a Rancho Cucamonga judge issued a warrant for your arrest in 2004 for Penal Code 487 "grand theft". For whatever reason, police did not arrest you until 2008, despite the fact that you had some intermittent police contact (you received two speeding tickets during that timeframe).

During those years, you continuously lived in San Bernardino, maintained the same job, and held a valid California driver's license. The police simply made no effort to locate and arrest you.

Based on these facts, you may be entitled to a dismissal of your Penal Code 487 grand theft charges. Your California criminal defense lawyer can bring a motion in court called a "Serna Motion"…which asks the judge to dismiss your case because the police waited too long to arrest you and bring you to court.

If you can prove that you were prejudiced by the amount of time that passed (witnesses' memories would have likely faded, for example) and that the police/prosecution were mostly to blame for that lapse, your charges would be dismissed.

What Time of Day (or Night) Can Police Execute a California Arrest Warrant?

Certain rules govern what time of day an arrest warrant may be executed. Felony warrants may be executed at any time.²¹ Misdemeanor warrants, however, may only be executed between 6:00 a.m. and 10:00 p.m. unless

the arrest is made in a public place,
you are already "in custody" on another lawful matter, or
the judge states on the warrant that it may be executed at any time.²²

Once you have been arrested, the state must place you before the judge "without unnecessary delay", whichtypically means within 48 hours of your arrest (excluding Sundays and holidays)…although more exceptions may apply.²³

If you get arrested in a county other than the one issuing the arrest warrant

Different procedures apply if you get arrested in a county other than the one in which your arrest warrant was issued.

Regardless of whether you are being charged with a misdemeanor or a felony, the arresting officer must, without unnecessary delay, inform you of your right to be placed before a judge in the county in which you were arrested.²⁴

If you choose that option, your bail will be the amount that was specified in your arrest warrant. If you post bail, you will then be directed to appear before the judge who issued your warrant on a certain date within 25 days.

If your felony arrest warrant does not specify bail, or
if you do not post bail, or
if you do not demand to appear before a judge in the county in which you were arrested,

you will be transported to the county in which your warrant was issued within a maximum of five court days.

All of the above information pertains to misdemeanor arrest warrants as well. The major difference between felony and misdemeanor procedures lies in bail. If you choose to be placed before a judge in the county in which you were arrested, and no bail is specified in the warrant, that judge is permitted to set and accept your bail.²⁵

A couple driving a convertible towards the sunset.

If you know that you are being sought by the courts and you flee, you will be considered a "fugitive from justice".

5. What Happens to My California Arrest Warrant if I Leave the State or Country?

If youknow that you are being sought by the courts and you flee, you will be considered a "fugitive from justice". This is the case even if you think that you are innocent of any and all charges. Fugitives are subject to extradition regardless of why they left the state.

Extradition, in its simplest terms, is the process of transporting a fugitive from their location of hiding back to the state or country in which their alleged offense was committed. Basically, this means that if you run…and are caught…you will not only still face your criminal charges, but will also face an enhanced penalty for fleeing from the court.

On the other hand, if you did not know about your warrant, you may not be considered a fugitive. This may alter when/how you are brought back to California to face your pending charges.

The laws regulating California extradition are complex and technical. Before you can be extradited back to California, you are entitled to a hearing to contest the process.²⁶ Consulting with a criminal defense attorney who is experienced in this area is critical to successfully challenging an extradition order.

6. Will Bail be Set if I Have an Arrest Warrant?

Typically, yes. When issuing a California arrest warrant, the judge is supposed to specify your bail on the warrant itself if the charge is a bailable offense.²⁸ There are only a few crimes that preclude bail:

capital crimes (where you could receive the death penalty),
felony offenses involving violence or sexual assault (if it is likely that another would be harmed if you were released), or
felony offenses where you threatened another with great bodily harm (and it is likely that you would carry out that threat if you were released).

If you are not accused of committing one of these crimes, you will be entitled to post bail even if picked up on an arrest warrant. Bail will be set according to the bail schedule in the county in which your warrant is issued.

If you post bail, you will get released. In some cases, your California criminal defense attorney may be able to convince the judge to lower your bail or release you on your own recognizance (otherwise known as an "O.R." release). An O.R. release means that you don't have to pay bail as long as you promise to show up to all future court appearances.

Note that people can no longer be incarcerated in California solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety.²⁷

7. Can an Attorney Prevent My Arrest Warrant from Being Issued?

If you are under investigation for a crime, a California warrants defense lawyer can often take measures to try to prevent charges from being filed. For example, we can investigate the case, and marshal up evidence that supports your innocence. We can present our position to the prosecutors, and sometimes dissuade them from ever filing criminal charges. We call this a "pre-file investigation."

Sometimes the prosecutor still files criminal charges, or charges have already been filed and an arrest warrant issued. Even here, we can still help avoid an embarrassing situation (getting arrested at work, for example). Moreover, we can bring you directly to the court that issued the warrant…and ask the judge to lower bail or grant you an OR release.

Voluntarily appearing before the court has two major benefits: First, it wins you favor with the judge and thus makes it more likely the judge will lower bail or simply release you on a promise to return for future court dates. Second, it saves you the embarrassment of being arrested in front of your family, friends, and/or co-workers.

8. Can I Turn Myself in Directly to the Court?

Yes…but beware. Judges have heard every type of excuse possible…and the fact of the matter is that you already have a strike against you since you are suspected of being a criminal. If you go alone to turn yourself in, you will most likely be immediately taken to jail.

However, criminal defense attorneys who have experience with California warrants know what arguments and evidence are most successful in persuading judges to permit an O.R. release or, at the very least, a reduced bail. In many cases, a criminal defense lawyer may be able to have the warrant cleared before any punishment or penalties attach. This action is commonly referred to as having the warrant "recalled and quashed".

9. How Do I Fight an Illegal Arrest Warrant?

Unfortunately, most of the laws that regulate warrants involve legal "technicalities" that make it difficult to obtain an outright dismissal of your charges.

That said, if you believe that you have been wrongly arrested on an illegal warrant, or that your arrest warrant was illegally executed, it ispossible to have your charges either reduced or dismissed…depending on how much evidence can be excluded from the case.

An illegal arrest or execution will not, in and of themselves, entitle you to a dismissal. For example, if your arrest warrant was issued without a "probable cause declaration", you could still be held on criminal charges.²⁹

Wrongful Police Conduct Can Help Your Case

However, your California arrest warrants defense attorney would argue that any evidence that was obtained following that illegal arrest should be excluded from trial.³⁰

Similarly, if your warrant was illegally executed (for example, the police arrested you outside of the permissible hours or did not put you before a judge within the required timeframe), your case would not automatically be "thrown out".

But, if your attorney could convince the judge that the officer's misconduct was unjust or prejudicial to your case, you would have the leverage to negotiate a more favorable plea bargain.

The bottom line is this — if you can get enough evidence excluded (even if the exclusion is only based on "technicalities"), your chances of having your charges reduced or dismissed increase dramatically.

Writ of Habeas Corpus to Challenge Your Incarceration

There is another challenge known as a "writ of habeas corpus". If you have been wrongfully arrested (a case of mistaken identity, for example) and taken into custody following the warrant's execution, your California criminal warrant lawyer may file a writ of habeas corpus on your behalf.

Simply put, this writ alerts the judge that you believe you have been illegally incarcerated…and allows you an advanced opportunity to present evidence to that effect.

Contact Us for Further Help

If you or a loved one is looking to hire an attorney for representation for your criminal case, we invite you to contact us at Shouse Law Group for legal help. Our law firm can provide legal advice in our offices or by phone on your felony- or misdemeanor case. We also defend against restraining order violation charges and appear in DMV hearings on DUI cases.

We have local law offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout the state of California.

Learn about other types of warrants.

For information on Colorado arrest warrants, go to our page on Colorado arrest warrants.

For information on Nevada arrest warrants, go to our pages on Nevada arrest warrants and the Nevada definition of arrest.

¿Habla español? Visite nuestro sitio Web en español sobre remover las "Órdenes de Detención" en California.

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Source: https://www.shouselaw.com/ca/defense/warrants/arrest-warrants/