The Most Common Types of Warrants in California

What is a Warrant?

A warrant is a legal document authorized by a judge that allows law enforcement to perform specific actions, such as making an arrest or conducting a search. Warrants ensure that these actions are legally justified and protect individuals’ rights.

In California, warrants are issued based on the Fourth Amendment of the U.S. Constitution and the California Penal Code. The Fourth Amendment protects against unreasonable searches and seizures and requires warrants to be issued based on probable cause, supported by an oath or affirmation, and to specify the place to be searched and the items or individuals to be seized.

Types of Warrants in California

Arrest Warrants

An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take an individual into custody. The primary purpose of an arrest warrant is to ensure that there is a legal basis for the arrest, protecting individuals from arbitrary detention.

Circumstances Under Which an Arrest Warrant is Issued

• After a police investigation identifies a suspect with enough evidence to justify an arrest.
• When an individual is charged with a crime but fails to appear in court.
• When a person violates the terms of their bail or probation.

Legal Process for Obtaining and Executing an Arrest Warrant

1. Investigation: Law enforcement gathers evidence and conducts an investigation to establish probable cause.
2. Affidavit: An officer or prosecutor prepares an affidavit detailing the evidence and reasons for the arrest.
3. Judicial Review: A judge reviews the affidavit to determine if probable cause exists. If the judge agrees, they issue the arrest warrant.
4. Execution: Once issued, law enforcement officers are authorized to arrest the individual named in the warrant. The warrant specifies the individual’s name and the alleged offense, ensuring the arrest is lawful and specific.

Search Warrants

A search warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to search a specific location for evidence related to a crime. The purpose of a search warrant is to ensure that searches are conducted legally and that individuals’ Fourth Amendment rights are protected.

Requirements for Obtaining a Search Warrant

• Probable Cause: There must be a reasonable belief that evidence of a crime will be found in the specified location.
• Affidavit: An officer must submit a sworn affidavit to a judge, outlining the probable cause and describing the place to be searched and the items to be seized.
• Judicial Approval: The judge reviews the affidavit and, if satisfied that probable cause exists, issues the search warrant.

Scope and Limitations of Search Warrants

• The exact location to be searched.
• The items or types of evidence sought.
• The timeframe in which the search is to be conducted.

Officers can only search the areas and seize the items specified in the warrant. Any evidence obtained outside the scope of the warrant may be inadmissible in court.

Examples of Items and Locations That Can Be Searched

• Illegal drugs and paraphernalia.
• Weapons used in the commission of a crime.
• Stolen property.
• Computers and electronic devices containing evidence.

Common locations searched include homes, vehicles, businesses, and storage units.

Bench Warrants

A bench warrant is issued by a judge when an individual fails to appear in court as required or fails to comply with a court order. The purpose of a bench warrant is to compel the individual to appear in court and address the issue that led to the warrant’s issuance.

Common Reasons for Issuing:

• Failure to appear in court for a scheduled hearing or trial.
• Failure to pay court-ordered fines or restitution.
• Violating the terms of probation or parole.
• Contempt of court.

Legal Consequences of Having a Bench Warrant Issued Against You

• Arrest and detention until your court appearance.
• Additional charges or penalties for failing to appear.
• Possible denial of bail.

Failure to Appear Warrants

A failure to appear (FTA) warrant is issued when an individual does not show up for a scheduled court date. This type of warrant is similar to a bench warrant but specifically pertains to non-appearance in court.

Circumstances Leading to the Issuance of a Failure to Appear Warrant

• Miss a court date without notifying the court.
• Do not respond to a summons.
• Fail to appear for jury duty.

Penalties and Legal Consequences

• Immediate arrest and detention.
• Additional fines and court fees.
• Potential jail time.
• Negative impact on any ongoing cases or probation.

Probation Violation Warrants

A probation violation warrant is issued when an individual on probation violates the terms and conditions set by the court. The purpose of this warrant is to address the violation and determine appropriate consequences.

Conditions That Can Lead to a Probation Violation Warrant

• Failing to report to a probation officer.
• Committing a new crime while on probation.
• Failing to complete court-ordered programs or community service.
• Testing positive for drugs or alcohol if abstinence is a condition of probation.

Legal Process and Consequences of Probation Violation Warrants

1. Notification: Probation officers notify the court of the violation.
2. Warrant Issuance: The court issues a probation violation warrant.
3. Arrest: The individual is arrested and brought before the court.
4. Hearing: A hearing is held to determine if the violation occurred and the appropriate penalty.

Consequences can include:

• Revocation of probation.
• Imposition of the original jail or prison sentence.
• Additional probation terms or penalties.

How to Check if You Have an Outstanding Warrant in California

1. Online Databases: Many counties provide online databases where you can search for active warrants. Check the website of the sheriff’s department or the superior court in the county where you suspect a warrant may be issued.
2. Contact Local Law Enforcement: You can call or visit the local police department or sheriff’s office. Provide your name and identifying information to check for any outstanding warrants.
3. Court Records: Visit the clerk’s office at the courthouse where you suspect the warrant might be issued. You can request a search of their records for any warrants under your name.
4. Hire an Attorney: An attorney can conduct a comprehensive warrant search on your behalf. They can access more detailed information and provide advice on how to proceed if a warrant is found.

Importance of Resolving Outstanding Warrants Promptly

• Avoid Arrest: An outstanding warrant can result in your arrest at any time, including during routine traffic stops or background checks.
• Legal Consequences: Ignoring a warrant can lead to additional charges, higher fines, and more severe penalties.
• Impact on Personal and Professional Life: Having an outstanding warrant can affect your employment, housing opportunities, and overall reputation.
• Court Leniency: Voluntarily addressing a warrant may lead to more favorable outcomes in court, such as reduced penalties or alternative sentencing options.

What to Do if a Warrant is Issued Against You

1. Do Not Ignore It: Take immediate action to address the warrant.
2. Contact an Attorney: Seek legal counsel from an experienced criminal defense attorney who can advise you on the best course of action.
3. Do Not Attempt to Handle It Alone: Do not try to resolve the warrant without professional legal assistance.
4. Gather Information: Obtain as much information as possible about the warrant, including the reason for its issuance and the specific court handling the case.
5. Prepare for Surrender: Depending on the nature of the warrant, your attorney may advise you to voluntarily surrender to authorities, which can demonstrate your willingness to comply with the legal process.

Hiring an attorney is critical for several reasons:

• Expert Advice: An attorney can explain your rights, the legal process, and potential consequences.
• Negotiation: Lawyers can negotiate with prosecutors or law enforcement to possibly reduce charges or arrange for a more favorable resolution.
• Representation: Your attorney will represent you in court, advocating on your behalf and ensuring that your case is presented effectively.
• Strategic Defense: Legal counsel can develop a defense strategy tailored to your specific situation, increasing the likelihood of a positive outcome.

Possible Defenses and Legal Strategies

• Challenging the Warrant’s Validity: If there are procedural errors or lack of probable cause, the warrant may be invalidated.
• Negotiating Terms: Your attorney might negotiate for a reduction in charges or a plea bargain.
• Proving Compliance: If the warrant was issued due to a misunderstanding or clerical error, your attorney can present evidence of your compliance with court orders.
• Requesting a Hearing: In some cases, you can request a hearing to resolve the warrant without being taken into custody.

Contact a Los Angeles Defense Attorney for Assistance

Attorney Arash Hashemi specialize in handling all types of warrants. Our services include warrant review, legal representation, and negotiating settlements.

For expert legal assistance, contact The Law Offices of Arash Hashemi at (310) 448-1529 or schedule your consultation online. Our office is located at:

Law Offices of Arash Hashemi
Westside Towers
11845 W Olympic Blvd, Suite 520
Los Angeles, California 90064
Tel: (310) 448-1529