wklaw » Warrants

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

Paul J. Wallin — Wed, 13 Jul 2011 03:26:49 +0000

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

Paul J. Wallin — Mon, 16 May 2011 23:20:38 +0000

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 complex, but they did not know the exact unit number. They passed by an apartment that smelled of marijuana, so they pounded on the door and allegedly “demanded” entry. Claiming that they heard the sound of evidence being destroyed, police immediately broke open the door, found drugs in plain view, and arrested the person living in the apartment. The person was not the originally suspected drug dealer, who was eventually found in another apartment.

The Supreme Court held that, as long as the officers did not violate or threaten to violate your constitutional rights, they can legally enter your home under these circumstances.

How safe are you if police can break down your door without a warrant or your permission? As long as police believe they hear sounds indicating that evidence was being destroyed, they can brutally invade your home. If this happens to you, contact an experienced Southern California criminal defense lawyer as soon as possible. A good criminal defense attorney will review the facts and law and see if the police violated your rights in other ways so that some or all of the evidence against you can be thrown out.

If you or someone you know has been victimized by extreme or outrageous police behavior, you will need an experienced Southern California drug lawyer to argue that your constitutional rights have been violated. At Wallin & Klarich, we have helped people facing a variety of criminal accusations throughout all aspects of trial, from evidence suppression motions to appeal. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

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

Criminal Defense Attorney — Thu, 24 Mar 2011 17:01:02 +0000

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 automobiles parked on the property. While officers cannot search the person of anyone found on the premises without reasonable cause to believe they are engaged in criminal activity or pose a threat to officer safety, they can reasonably detain anyone on the premises while the warrant is executed, and may be justified in doing a limited pat down for weapons.

The exclusionary rule of the Fourth Amendment prohibits the admission of evidence obtained as a result of an unconstitutional search and seizure. Wong Sun v. United States (1963) 371 U.S. 471. An experienced criminal defense attorney at Wallin & Klarich will be able to determine whether your encounter with police will be deemed a “seizure” triggering Fourth Amendment protections.

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 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Also visit us on the web at www.wklaw.com.

You have no obligation to consent to a warantless search

Criminal Defense Attorney — Tue, 08 Mar 2011 19:13:00 +0000

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 trick suspects into believing) that they will get a warrant if you do not consent to a search. However, if the officers are sure they have probable cause for a warrant, they probably would　get one before they tipped off the occupants to their intentions. Officers generally do not lie about having a warrant, but can and will lie about their ability and/pr intention to obtain one.

Not every person present in a home, room, or business is able to give lawful consent to a search. Authority or apparent authority to consent is required for valid consent. An experienced criminal defense attorney understands the complexities surrounding actual and apparent authority in the context of consent to a warrantless search.

Whenever dealing with law enforcement entry into the home, it is necessary to consult an experienced Southern California criminal defense attorney who can advise you of your constitutional rights. Fourth Amendment search and seizure violations are very common and highly relevant to the outcome your case. Identifying any and all constitutional violations may mean the difference between jail and freedom.

If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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

Criminal Defense Attorney — Fri, 24 Sep 2010 21:12:02 +0000

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 her probation and issued a bench warrant which would have gone into effect had she not attended her court hearing on September 24.

During the September 24 hearing, the judge refused to set bail for Lohan and ordered her returned to custody until at least October 22, her next court hearing. Lohan was handcuffed in the courtroom and immediately transported to jail.

Lohan was on probation for 2007 convictions for cocaine use and DUI. She violated her probation earlier this year for not completing her alcohol education classes and was ordered to serve 90 days in jail, but only served 14 days before being released.

Under California Penal Code section 1203.2(a), the court may revoke probation upon determining that the probationer has violated the terms of probation. The court also has the power to modify or terminate probation. (Penal Code section 1203.2(b).)

If you or someone you know is accused of violating probation, you will need an experienced Los Angeles criminal defense lawyer who will aggressively defend your interests during the criminal trial process, including the probation revocation hearing. At Wallin & Klarich, we have helped people accused of probation violations for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

What You Need to Know About Warrants

Criminal Defense Attorney — Tue, 20 Apr 2010 21:40:01 +0000

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.

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

Criminal Defense Attorney — Mon, 14 Dec 2009 11:00:12 +0000

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.