Warrants

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 the time the warrant is issued, the judge will usually set bail. If you are arrested on the warrant, that bail amount is what you would have to post in order to be released.

At Wallin & Klarich, our criminal defense attorneys have been handling warrant recalls for more than 30 years. Often times our attorneys are able to get warrants recalled and get our clients released on their own recognizance (released if you promise to appear). When granted, this saves our clients thousands of dollars in bail bonds fees.

If you or someone you know has a pending warrant, don’t hesitate to contact our experienced criminal defense attorneys here at Wallin & Klarich. We will do everything in our power to try and keep you out of custody so that you don’t have to spend one second in jail. Call us today at (888) 280-6839 and visit us on the web at www.wklaw.com . We will be there when you call.

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 home. The police officers then searched an area near the front door and found a handgun without a serial number underneath a sweatshirt. Mr. Leal was charged with obliterating the identification of a firearm. Mr. Leal’s attorneys sought to suppress the handgun seized at his home.

Under the Fourth Amendment, a warrantless search incident to arrest is valid to remove any weapons within an arrested person’s immediate control. In other words, a search following an arrest is limited only to an area in which the arrested person may reach for a weapon to resist an officer or assist in their escape. In this case, the California Court of Appeal held that the search was unreasonable and suppressed the handgun. Mr. Leal was confined in a police car nowhere near his home, while the police officers were safe and no one else was home. Therefore, the officers were not allowed to pick up a sweater lying on the floor and seize the handgun.

An experienced California criminal defense attorney will be able to determine if evidence unlawfully seized by the police can be suppressed due to a violation of the Fourth Amendment. If you or someone you know is facing criminal charges in California, contact Wallin & Klarich. Wallin & Klarich has over 30 years of criminal defense experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com.