Discovering you have a warrant for your arrest can be chilling. The prospect of going to jail, especially for a reason about which you are unsure, can be terrifying. Oftentimes, people go unaware of this possibility until it’s too late. Imagine that you are pulled over while driving or are going about your business and, before you know it, your are taken into custody. However, there’s hope. A good criminal defense attorney may be able to verify whether you have a warrant and may be able to have the warrant “quashed” (terminated) altogether so that you don’t have to worry about going to jail. Here’s how warrants work and what can be done about them if you are facing one.
Imagine driving down the freeway. You neglect to watch the speedometer and drive a little too fast. Or maybe you are driving through a neighborhood with little to no traffic and you forget to stop all the way at a stop sign. You hear the “whoop” sound of an approaching motorcycle cop or patrol car. You think to yourself, “okay, no big deal. I’ll stop, he’ll write up a ticket and I’ll be on my way.” The police officer approaches, you hand him your license and registration. You peer nervously at your rearview mirror as he processes your information. The minutes go by. And by. You are wondering what could be the hold-up. You hear some activity on the officer’s radio. You don’t think much of it. Then you see another patrol car stop. Then another. Before you know it, there is a small armada of police vehicles around your car.
Suddenly, the officer returns to your window and asks you to step out of your car. The officer tells you that you are under arrest. You feel the cold, hard steel of the handcuffs close in on your wrists. The arresting officer places you in the back of one of the patrol cars. A tow truck shows up to impound your car.
You ask yourself:
“What the hell’s going on?”
Unfortunately, this is an all-too common occurrence. Unsuspecting motorists who get pulled over for something innocuous. They are initially stopped for an illegal traffic maneuver. But instead of driving off after the encounter, albeit a frustrating one (who enjoys getting a ticket, right?), these motorists are cuffed, arrested and taken into custody.
The reason? An active “warrant.”
Bench warrants versus arrest warrants
A “bench warrant” typically results from a court-related issue, like an outstanding, unaddressed obligation stemming from an earlier court case. For example, you may have had an arraignment to show up to court for an infraction or a criminal matter and you neglected to show up. Or maybe you or your attorney made all the necessary court appearances and you were convicted, served no jail time but you were told by the judge you had to do fulfill certain obligations as part of your probation (or conditional release). You became too engrossed in your personal or business affairs to do something that the court asked you to do, like perform community service, pay a fine, attend an alcohol program, attend a batterer’s program (in a domestic violence case)...whatever.
Many times, at a conviction for a traffic or criminal matter, you are asked to return to show proof of payment or complete a class. If the judge called your name and you did not show up, he or she would have issued a “bench” warrant. It is so called because it is issued from the court officer’s “bench.”
If this is the case, and you actually completed your class, paid your fine or fulfilled whatever obligation you were asked to do, and simply failed to appear, the judge will generally grant you or your attorney the opportunity to be heard to explain your reason for neglecting to appear. In this type of case, it is crucial to (1) show the judge you honored the court’s order to do something and (2) demonstrate some crucial, overriding reason for failing to appear. It should be noted that the judge is not required to withdraw the warrant and may end up taking you into custody regardless of showing these things. But, generally speaking, many judges will quash or terminate the warrant upon a satisfactory showing of proof and explanation.
Most of the times, you are required to personally appear, even if you are represented by counsel. Less frequently (though it does happen) a judge will be satisfied with the attorney’s appearance and representations even without your presence. Again, this is rare.
The judge has the discretion to ask the bailiff to take you into custody. But a good faith attempt by you or your attorney (if you can hire one) may be able to appeal to the judge’s sense of compassion and fairness and allow you to walk free.
Arrest warrants are a different animal. These generally stem from some police investigation in which you are a suspect. If, for example, you are being accused of a crime, the police have shown a judge probable cause to arrest you for a crime, they can come to your home or place of business and take you into custody pending an arraignment in court. There may be an open arrest warrant and the police find it in their computer database after pulling you over in a routine traffic stop. The officer may have turned in his police report to the prosecutor, who, in turn, has officially filed charges, such that there would be an open file in court. In such a case, an investigating officer may call you and ask you to turn yourself in.
If you hire a good, experienced criminal defense attorney, he or she may be able to convince the investigating officer to allow you to appear in court before the judge, at which time the attorney can enter a “not guilty” plea on your behalf and ask the judge to allow you to remain free on your own recognizance. If the judge refuses, as often happens in more serious cases, such as felony matters, but sets a bail amount that is affordable to you, you can have a bail bondsman on “stand-by” to post bond so that you are released as soon as possible. If the bail is too high for you to do this, your attorney can have a bail hearing set within 5 days of the date the judge set your bail amount. At this point, your criminal defense attorney can motion the court to have you released on your own recognizance or, at minimum, to reduce the amount of bail.
If the judge is unwilling to release you “O.R” (own recognizance), perhaps your attorney can convince the judge to allow you to remain out of custody with concomitant conditions, such as an ankle bracelet or house arrest. In DUI cases, perhaps the judge will allow you to stay out of custody provided you wear a “SCRAM” (Secured Continuous Remote Alcohol Monitoring) device or allow you to check in to an inpatient treatment facility.
Why it’s so important to keep you out of custody
Aside from the displeasure and inconvenience of having your freedom taken away, even for a short period of time, being in custody can have a ripple effect in your personal life. You may have a job to return to that may now be compromised if you are in custody and cannot return in time. You may have other crucial obligations that require your presence but will have to wait until you get out.
If you are a non-US citizen and go into custody, there is always the danger that Immigration and Customs Enforcement (ICE) will place a “deportation hold” on your custody. In other words, even if you are entitled to get out of custody (because, for example, you posted bond), you would be prevented from being released and you would likely be deported from the United States.
How do find out if you have a warrant
Depending on the county you are in, there may be online resources to find out if there is an outstanding criminal case in which a warrant may have issued. For example, in Los Angeles, the L.A. Superior Court website has an online index of criminal defendants and an adequately-done search will yield whether or not there has been a criminal filing against you. If you believe you are being investigated for a crime, it would be wise to hire an attorney to monitor your case with the appropriate prosecuting agency. This way, your attorney can (a) find out if there is a warrant that needs to be addressed in court (i.e., “motion to recall and quash the warrant,” generally done by verbal argument in court) and (b) if there is an upcoming felony or misdemeanor arraignment in which you, your attorney or both (in a felony case) need to appear. Hiring an experienced criminal defense attorney very early on in the proceedings or before any proceedings occur can help avoid the issuance of a bench warrant or can allow you the opportunity to have the warrant addressed as soon as possible.
(DISCLAIMER: Nothing in the foregoing article or anywhere in this blog should be construed or interpreted as legal advice. The author is not responsible for the reader's interpretation of the contents herein in any way, shape or form. Addressing a bench warrant or an arrest warrant can be an extremely delicate affair best handled by a well-trained, experienced and legally-knowledgeable criminal defense attorney. Persons appearing in propia persona (i.e., representing themselves) or without an attorney to ask the court to recall and quash the warrant do so at their own risk.)
San Gabriel Valley Criminal Defense Lawyer Lorgio Coimbra is an extremely seasoned, experienced, knowledgeable and skilled criminal defense attorney. Mr. Coimbra has vast experience and success having warrants recalled and quashed. In addition to representing individuals facing active felony or misdemeanor charges, the Coimbra Law Office represents persons with post-conviction issues and post-conviction relief. Because of his vast immigration law background, Mr. Coimbra is highly-skilled at identifying, addressing and helping to minimize the adverse effects of criminal charges or convictions on the immigration status of non-citizens.
Contact the Coimbra Law Office today if you or your loved one need the services of an experienced and skilled criminal defense attorney. Our toll-free number is 1-855-325-5245. Or you can send an e-mail to Esquire@CoimbraLaw.com. Visit us at www.CoimbraLaw.com. Free consultations available.
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