How to Clear a Warrant

Warrants Explained by a San Diego Criminal Defense Lawyer

Warrants can be very pesky and tend to rear their ugly heads at the worst possible time—such as on a first date, or during a family holiday celebration.   Often, an experienced criminal defense attorney can help you clear a warrant BEFORE you find yourself arrested and booked into jail wondering what to do next.  Warrants can result in an untimely and humiliating arrest, as well as potentially costing you employment, and often a suspension of your driving privilege.

Bench Warrants.  Bench warrants are issued by a judge (i.e. from the bench) typically upon a defendant’s failure to appear (FTA) in court or upon an allegation that the defendant has violated probation in some fashion.  Failing to appear on a scheduled court date will usually result in the issuance of a bench warrant.  Probation violations are commonly alleged when a person fails to complete court-ordered requirements, fails to appear for a probation appointment, or fails to submit proof of completing a court-ordered class or program, or even failure to pay a fine or fee on time.  

If you have a bench warrant, contact a San Diego Criminal Defense Attorney immediately for a free consultation.  Your attorneys may be able to appear in court on your behalf to recall the warrant BEFORE you are arrested on the warrant.  

Arrest Warrants.  Arrest warrants are also issued by a judge upon application by a police detective (Ramey Warrant) or the District Attorney’s Office upon the filing a felony complaint alleging a new criminal offense.  Arrest warrants are usually handled with more urgency than bench warrants.  If you are the subject of an arrest warrant, it is imperative that you contact us without delay.  A San Diego Criminal Defense Lawyer can contact the police and/or District Attorney’s Office on your behalf and arrange a peaceful surrender on the warrant—preventing the embarrassment of being arrested in public or at your place of employment, and even work together with your bail agent to ensure you do not have to go into police custody.  

The California Penal Code governs arrest Warrants.  Section 817(a)(1) provides:  “When a declaration of probable cause is made by a peace officer of this state, in accordance with subdivision (b) or (c), the magistrate, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant of probable cause for the arrest of the defendant.”

Penal Code section 817(b) provides:  The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing.  Penal Code section 817(c) allows the magistrate to take an oral statement (from a peace officer), under oath, under certain circumstances.  

If you are the subject of either a bench warrant or an arrest warrant, contact our law firm immediately for a free consultation and case evaluation.  619-550-4422.

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By Jay Finnecy
www.iDefendSanDiego.com
619-550-4422
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