Orange County Warrant Attorney | Bench & Arrest Warrant Lawyer

December 29, 2021

Do you have an outstanding bench warrant for your arrest? If so, then retaining an experienced Orange County warrant attorney may be one of the most important decisions you make. Whether you have an outstanding bench warrant or a search warrant was executed at your home and you are not sure how to proceed, our attorneys can help you navigate through this unfamiliar situation.

The Law Offices of John D. Rogers is prepared to provide you with personalized and aggressive criminal defense representation in Orange County and all the surrounding localities. To schedule a risk-free consultation, give us a call at (949) 625-4487.

We can help swiftly recall the warrant or intervene at the earliest stages of the investigation when a search warrant is served. Attorney John D. Rogers is a board-certified specialist in criminal law by the California state bar. His certification assures competency and experience within an area of law and professionalism and ethics in practice.

Overview About Warrants in Orange County

A warrant is an order issued by a judge authorizing law enforcement to:

  • Make an arrest, or
  • Conduct a search or seizure.

Warrants are issued in both misdemeanor and felony cases. A common misconception is that law enforcement has the ability to issue a warrant. A warrant may only be issued once a judge authorizes it.

What is a Bench Warrant?

A bench warrant is issued when a defendant fails to appear in court. It may be issued for:

  • Failing to appear in court – e.g., arraignment
  • Failing to complete ordered obligations – e.g., community service
  • Probation violation(s),
  • Ignoring a criminal subpoena.

Contrary to popular belief, the passage of time will not clear a warrant. A bench warrant will remain outstanding indefinitely until the defendant appears in court.

The court will generally recognize three legitimate excuses for failing to appear:

  1. Military duty,
  2. Incarceration,
  3. Hospitalization.

What is an Arrest Warrant?

Generally, arrest warrants are issued after criminal charges have been filed. Moreover, once charges are filed, law enforcement will immediately petition a judge requesting an order to legally arrest the defendant. An arrest warrant must be supported with probable cause. Arrest warrants are more common in serious cases i.e., homicide, sex crimes, or if law enforcement believes the defendant is a flight risk or a danger to public safety.

What is a Ramey Warrant?

Without filing criminal charges, the court may authorize a residential arrest of a suspect by obtaining a “Ramey warrant.” Penal code section 817 statutorily authorizes law enforcement to petition a judge to arrest a defendant. The petition must be supported with probable cause that a crime was committed and the defendant committed the offense. Moreover, think of a Ramey Warrant as an order issued by a judge authorizing police to arrest someone prior to the prosecutor filing formal charges. 

What is a Search Warrant?

A search warrant is an order from a judge authorizing law enforcement to legally conduct a search of your person and/or property. A search warrant must be supported with probable cause under the Fourth Amendment. A search warrant may permit law enforcement to search the following:

  • Cellular phone,
  • Your home/property,
  • Safe deposit boxes,
  • Vehicle.

How is a Bench Warrant Recalled and Quashed?

Regardless of the type of warrant, a warrant with your name on it is a serious cause for concern. Taking a proactive approach is often the best course of action to take to resolve a warrant issue in the most favorable way.

A bench or arrest warrant may only be recalled and quashed by physically appearing in court. The passage of time will never terminate a warrant. It will remain in the court system until you appear before the judge. Therefore, retaining a skilled warrant lawyer is paramount to recalling the warrant without suffering serious consequences.

Common Arrest & Bench Warrant Myths

  • The passage of time will eventually terminate the bench warrant.
  • The court will send a letter if there is an outstanding bench warrant for my arrest.
  • I must receive notice to appear in court before a bench warrant is issued.
  • A warrant will not appear on a background check.
  • I will not be arrested because I live outside of California.
  • The warrant will be quashed if I write an apology letter to the judge.

Contact an Experienced Orange County Warrant Attorney

If you have been arrested for a felony or misdemeanor or if you believe that you have a warrant, it is important that you contact an experienced Orange County warrant attorney immediately. Our office can assist you in quashing your warrant, argue that you should be released from custody, and subsequently dispute the probable cause basis for issuing the warrant or fight for suppressing the evidence found during a search. Contact us today to schedule a free confidential case consultation. Attorney John D. Rogers is a board-certified criminal law specialist – an achievement that only a small percentage of California criminal defense lawyers have obtained.

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