In the United States, you have a right to be free from unreasonable searches and seizures. However, both the state and the federal government have the power to attempt to seek warrants to search your property or arrest you.
When a governmental agency such as the FBI believes that you have committed a federal crime, they have the right to seek a warrant to search your property. So what’s the difference between a federal warrant and a warrant issued by the local court?
What is a Federal Warrant?
When a federal agency believes that you have committed a federal crime, they have a right to ask a federal magistrate to issue a warrant to search your property. In order to obtain a federal warrant, the agency must present a written affidavit that lays out the reasons why they believe you committed a crime and why they believe evidence of that crime can be found on the property they intend to search.
If the federal magistrate believes that the facts presented in the affidavit support the agency’s belief, he or she will sign the warrant, which allows the federal agency to search your property.
What is the Difference Between a Federal Warrant and a State-Issued Warrant?
Warrants can be issued by both the state and federal governments. The difference is when these warrants are issued. Federal warrants are issued when you are suspected of violating a federal crime defined in the United States Code. State governments issue warrants when you are accused of violating California state law.
How to Find Out if There’s a Federal Warrant Against You
There are a few different ways to find out if a federal warrant has been issued against you. The best way to determine if a federal warrant has been issued for your residence, work or other property is to contact our law firm. We can take the required steps to help determine if a federal warrant has been issued.
You could also visit or contact the federal clerk in your local district court or have your name ran through the National Crime Information Center database at a local police agency. However, either of these methods could subject you to arrest immediately if it is found that a warrant is out in your name.
How to Fight Federal Warrants
There are two different ways to attack a federal warrant. If the warrant was executed and law enforcement seized items from your property that are not listed in the warrant, your federal lawyer may be able to attack the evidence against you. Your lawyer may be able to show that the evidence was acquired in an unlawful way, and thus, that evidence should be suppressed.
Your lawyer could also attack the legitimacy of a federal warrant by going to court to contest the warrant. If the federal agency did not present sufficient probable cause to the federal magistrate when requesting the warrant, your lawyer may be able to have the warrant quashed. If this happens, all of the evidence seized would not be able to be used against you in a court of law.
Contact the Federal Criminal Attorney at Wallin & Klarich Today
If you or a loved one has been charged with a federal crime, you need to contact an experienced federal criminal defense attorney right away. At Wallin & Klarich, our experienced criminal lawyers have more than 35 years of experience successfully defending our clients facing federal charges. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich federal criminal attorney available to help you no matter where you are located.
Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.