Posted on April 22, 2015
Los Angeles Warrant Attorney
Warrants are issued against someone for a number of reasons. The most common form of warrant is a “Bench Warrant” issued by the judge after someone fails to appear in court. Upon issuing a warrant, the court updates its system allowing police officers the ability to “run for warrants” within their mobile or vehicle devises an arrest an individual. Having a warrant issued against you is an unnerving feeling because one never anticipates police contact or being arrested.
As indicated briefly above, a bench warrant is issued by the court when someone fails to appear. Whether it be for felony, misdemeanor, of even traffic citations. The basis of the warrant is to inform law enforcement to effectuate a mandatory arrest to bring the defendant before the court. When a bench warrant is issued, the court usually imposes a bail amount where in the event someone is arrested for an outstanding warrant, they can “bail out” prior to appearing before the judge instead of coming to court in custody from the county jail. Additionally, if you failure to appear and a bench warrant is issued, the court will notify the DMV and your driver’s license will automatically become suspended making you susceptible to picking up misdemeanor charge if arrested while driving.
An “Arrest Warrant” is usually filed with the court by the prosecuting agency signed by a judge allowing police officers to effectuate an arrest after charges have been filed. Arrest warrants are beneficial for law enforcement because it permits them to enter a defendant’s home without a search warrant. As with a bench warrant, an arrest warrant contains a bail amount required to be paid if one wishes not to go to court in custody from the county jail. Arrest warrants are generally issued in serious cases and are often executed by law enforcement immediately. In addition, a court can issue a no-bail warrant (also known as a no-bail hold) where one cannot post bail upon being arrested by law enforcement must attend court in custody.
The best approach to “Recalling a Warrant” is to consult with a defense attorney to explain the best plan of action. Courthouses and even judges differ in how they recall warrants. For misdemeanor and infraction cases, most courts allow an attorney to show up on behalf of their client, without the client being present, pursuant to P.C. § 977. However, in all felony cases, the court requires the presence of the defendant or a warrant will not be recalled and will remain outstanding. One does not want to be picked up by police officers and brought to court without an attorney. Los Angeles Bench and Arrest Warrant Lawyer John Rogers will work with you and tailor his representation to swiftly recall the warrant without encountering problems.
In the event your appearance is mandatory to recall an outstanding bench warrant, it would be better to have bail in line prior to attending court. The Law Offices of John D. Rogers has access to a number of bail agencies who can work with virtually any financial situation in an effort for you to avoid jail.
Unfortunately, warrants may be issued against people who have no knowledge of any criminal cases pending before them. Perhaps one did not receive proper notice or were misadvised by the court or court clerk’s office. Additionally, in the event that a warrant has been outstanding for years, a remedy does exist to get the case dismissed as a violation of your speedy trial right. The best approach to recalling a warrant is early intervention by an attorney.
Dan was convicted of a DUI in Los Angeles. As part of his sentence, he was to complete and submit proof of completion of an alcohol program prior to the date ordered by the court. Dan completed the program and mailed the certificate to the court. However, Dan did not know that he must be present in court to hand the documents to the judge. Although the court was in receipt of Dan’s completion certificate, the court nonetheless issued a bench warrant for Dan’s arrest. Dan must go to court or hire an attorney to attend on his behalf to have the warrant recalled.
Dan was cited by a police officer for driving without a valid license on a Los Angeles highway. Dan signed the ticket and attended the scheduled court date written on the ticket. The court was not in receipt of Dan’s ticket and allowed him to go home. Years later, Dan was arrested for an outstanding bench warrant for failing to appear in court for the driving on a suspended license ticket. Unfortunately, Dan was not given proper notice that any charges were filed against him after he initially attended court. In this case, Dan or his attorney must attend court for the judge to recall the warrant. Additionally, a remedy may be available to Dan to get the case dismissed as a violation of his speedy trial right.
Contact Us for a Free Consultation
If you have an outstanding warrant against you, contact Los Angeles Warrant Lawyer John Rogers at the Law Offices of John D. Rogers located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call (949) 625-4487 now for a free confidential consultation to discuss your legal options and getting the warrant recalled.