The types of warrants in California
A warrant is a document issued by the court that authorizes law enforcement to take a specific action. There are three types of warrants that can be issued.
- Search Warrant
This warrant is issued by a judge or a magistrate*. The warrant is issued because there is probable cause that there is evidence from a crime located on a person’s body, residence, vehicle, or property. The search warrant will list the exact location where law enforcement can search. - Arrest Warrant
This warrant is issued by a judge or a magistrate*. The warrant is issued when the prosecutor has enough evidence of probable cause to make an arrest. With the arrest warrant in hand, law enforcement can apprehend the suspect. The arrest may be made at the suspect’s home, place of work, or anywhere they believe the suspect to be. - Bench Warrant
This warrant is issued by a judge. The warrant is issued in conjunction with the trial when the defendant fails to appear in court, obey a court order, violate probation, or pay a fine such as a traffic ticket or alimony.
* A magistrate is a judge who only hears cases from family court, preliminary hearings, traffic court, and other minor courts.
How long do warrants last in California?
Under PC 1534, a search warrant must be executed within ten (10) days of the warrant being issued by the judge or magistrate. After those ten days, the warrant expires but can be reissued.
The lifetime of an issued arrest warrant is dependent on when the statute of limitations runs out based on the crime the individual committed. In California, for example, since there is no statute of limitations for homicide, the arrest warrant can be outstanding for decades
A bench warrant lasts until the judge recalls or revokes the warrant or the defendant appears in court because it is not subjected to a statute of limitations.
How to check online if there is an active warrant issued against me?
If you think that there may be a warrant against you in a certain jurisdiction, you can search the websites of the specific Sheriff’s department and court within that jurisdiction. Since they are county-based, you may need to search a few counties’ databases. You may be required to pay a fee to run the search or access the information.
If you think that there may be a warrant with regard to a specific court case, you can search the court’s website to see if there is a warrant issued against you. You will need to include the court case number when conducting the search.
Alternatively, you can pay to use the services of one of the many private companies that can help you search these public databases by running a criminal background check on yourself. This will give you the information regarding any outstanding warrants.
What should I do if I have an active warrant?
If there is an active warrant, do not ignore it. Taking charge of the situation will minimize some of the hardships resulting in the execution of the warrant.
If there is a warrant for your arrest, contact your attorney to understand the charges listed in the warrant. You will also want to get your family affairs as part of the preparation to surrender yourself to the court and/or law enforcement. This will help to minimize jail time. The court appreciates compliance.
If there is a bench warrant, you will need to go to court and go before the judge. It is best to speak with an attorney or have an attorney represent you at this time.
Can I still get a job if I have a warrant?
As a condition of a job offer, many employers require running a background check on the potential candidate. Depending on the service they use, they may find an open warrant in your name. If the warrant was executed, they will see this warrant on your record.
The determining factor in this situation is the employer. They have the discretion to hire a candidate with a warrant on their record.
Your Rights when a warrant is issued
Just because there is a warrant issued does not mean that you do not have rights. Warrants must follow a set of rules; otherwise, they become invalid. As a result, the evidence found under a bad search warrant may need to be excluded and an arrest made under an arrest warrant may lead to the release of the defendant. The following delves into your rights with regard to a warrant issued against you.
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Execution of A Search Warrant
The execution of a search warrant is restricted to certain hours of the day. In California, those hours are 7:00 AM to 10:00 PM. If a warrant is executed earlier or later than those times, it must be authorized by the issuing judge. The search warrant must also specify the location of where the search will take place.
When executing a search warrant, law enforcement is required to announce their presence before entering the place they plan on searching by knocking and announcing that the police are at the door. Under exigent circumstances – a circumstance that requires acting upon the search warrant immediately – law enforcement can bypass this announcement and enter the property.
In addition, anything that was seized must be properly documented. The chain of custody is a critical element to the search warrant as breaking the chain can lead to the evidence being inadmissible.
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Miranda Rights under an Arrest Warrant
In our article titled, “Want to Drop Charges In California? – Ask Defense Attorney”, we discussed the rights under the Fifth Amendment, specifically “Miranda Rights”. Miranda Rights make the person being arrested aware of their rights not to self-incriminate. Law enforcement must give over these Miranda Rights when executing the arrest warrant as well. Otherwise, the defendant’s statements may be admissible in court.
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Legal Representation for a Bench Warrant
The defendant has the right to legal counsel during all court proceedings. This includes filing a motion quashing a bench warrant when the defendant fails to appear in court. Quashing results in the judge revoking the warrant, thereby not requiring a defendant to appear in court.
An attorney can help the defendant file a motion for a misdemeanor case and argue your case before the court. The attorney can also speak with the judge and argue in the defendant’s favor for the judge to reduce the bail amount and/or jail sentence.
There’s a warrant issued against me. Now what?
If you learn that there is a warrant issued for you, don’t panic. The Law Office of David L. Faulkner is able to help you navigate the next steps as well as represent you in court. Contact us today with any questions.
