CATEGORY: ‘Warrants’

What do I do if there is a warrant out for my arrest???

Wednesday, July 13th, 2011

Warrants are issued for a variety of different ways; which will be covered in a moment.  What it means when a warrant has been issued, is that a Judge has issued a warrant for an individuals arrest in Los Angeles, and the judge sets a bail amount.  The warrant goes into a nationwide database, and if you are stopped by law enforcement, they will run your name, DOB, driver’s license #, etc.  If the query indicates you have a warrant, you will be placed under arrest and taken to the county where the warrant originated from.  Once there, you will see a judge within 48 hours (unless it’s the weekend- it could be 96 hours then) and the court will address the reason why the warrant was issued.

Why would there be a warrant out for my arrest???

Warrants issue for a variety of reasons an here are some of them:

•    You were given a citation by law enforcement for allegedly committing some crime.  You were released with a ticket to appear on a certain date and time and you do not show up to court on that specific time and date- a judge will issue a warrant.
•    You were investigated by law enforcement for some crime but they never contacted you.  The law enforcement agency that did the investigation submits it to the DA’s office where they then decide to file a case and a letter is sent to your address ordering you to appear in court on a certain time and date.  You do not show- a judge will issue a warrant.
•    Law Enforcement is investigating you for some crime.  The law enforcement officers can bypass the DA’s office and take their evidence directly to a judge.  The judge signs the warrant based on probable cause- you now have a warrant out for your arrest.  (In this scenario, law enforcement will then proceed to go to your home, place of work, etc to find you and place you under arrest)
•    You were placed on probation after being convicted of committing a crime or pled guilty to committing a crime.  At sentencing you were ordered to complete some program or some class, or pay fines, and you fail to do so- a judge will issue a warrant.

Misdemeanor vs. Felony Warrants

If a warrant was issued for a misdemeanor case, a lawyer can appear Penal Code 977(a)- without you present and recall the warrant.  (this is not the case for Domestic Violence cases and DUI’s).

If a warrant was issued on a felony case, you will need to appear in court with your lawyer and will have to be ready to post the bail amount that was set when the warrant was issued.  If you do not, you will be taken into custody and will remain in-custody until your case has been resaolved.

If you or a loved one have had a warrant issued for your arrest, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

US Supreme Court Rules Police Can Forcibly Enter Your House Under Some Circumstances, Further Limiting Your Privacy Rights

Monday, May 16th, 2011

On May 16, 2011, in Kentucky v. King, the United States Supreme Court ruled that police can forcibly enter your residence without a warrant in an emergency situation, even if their actions contributed to the situation. This ruling significantly limits your privacy rights. In this case, police followed a suspected drug dealer into an apartment [...]

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A Search Warrant Gives The Police The Right To Enter Only A Specified Home Or Business To Search For Certain Types Of Evidence Described In The Warrant

Thursday, March 24th, 2011

Unless the warrant authorizes an unannounced entry, an officer must knock and announce his presence, and be denied entry before he can use force to enter. A search warrant gives the police the right to enter a specified home or business to search for certain types of evidence. It generally includes the curtilage, outbuildings or [...]

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You have no obligation to consent to a warantless search

Tuesday, March 8th, 2011

The issue of an officer’s request for consent to search is very common in criminal cases and police encounters. You have no obligation to consent to a warrantless search. However, if you do give voluntary consent, you essentially waive an argument that the police did not have probable cause to search. Officers often suggest (or [...]

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LINDSAY LOHAN VIOLATES PROBATION BY FAILING DRUG TEST; BACK IN JAIL – CALIFORNIA PENAL CODE SECTION 1203.2

Friday, September 24th, 2010

On September 24, 2010, Lindsay Lohan returned to jail after a Los Angeles Superior Court judge determined that she had violated a term of her probation by failing a drug test. Lohan informed her fans via Twitter last week that she had tested positive for an illicit substance.  On September 20, the superior court revoked [...]

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What You Need to Know About Warrants

Tuesday, April 20th, 2010

There are a few different ways that a warrant may be issued for your arrest. An arrest warrant may be issued if you fail to appear in court on your criminal or traffic case, if you fail to pay as required, if you violate a term of your probation, and for many other reasons. At [...]

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Law Enforcement is Prohibited from Searching Without a Warrant When Defendant is Confined in a Police Car

Monday, December 14th, 2009

On August 1, 2005, police officers arrested Raul Leal at his home. The police handcuffed Mr. Leal, led him away from his home and confined him to a police car which was over 30 feet from his home. Without a search warrant, the police searched Mr. Leal’s residence and determined there was no one else [...]

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