Santa Ana Warrant Attorney | Bench Warrant Lawyer in Santa Ana, CA
Do you have an active bench warrant for your arrest at the Santa Ana Courthouse? If so, then retaining an experienced Santa Ana warrant attorney may be one of the most important decisions you make.
There are two types of California warrants issued by the court. The first is an arrest warrant and the second type is a bench warrant. A federal or state judge may issue warrants. Santa Ana warrant lawyer John D. Rogers is experienced in handling Santa Ana warrants and will work to have the warrant canceled or recalled and quashed by the court, allowing you to remain out of jail.
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. To schedule a risk-free consultation, give us a call at (949) 625-4487 to speak with an experienced lawyer.
Types of Warrants in Santa Ana, CA
Arrest warrants are orders issued by a judge for the arrest of an individual after a crime has been committed. Ordinarily, a warrant is issued after the police have completed their investigation. If the judge determines that there is reasonable cause to believe that a crime has been committed, and the person named in the warrant was involved in the crime, then the judge will sign the arrest warrant. Law enforcement will execute the arrest warrant at your home, office, or any other place the police reasonably believe you are present. An arrest warrant may require that a substantial bail amount be paid before a person is released from custody. Posting bond is a guarantee that a person will return to court and not flee. In certain cases, a judge may issue an arrest warrant with a no-bail order.
A bench warrant is an order issued by the court when a person fails to appear in court on a scheduled date. A scheduled date may be done by the court itself, the defendant’s attorney, or law enforcement. If a person fails to appear, the judge will issue a bench warrant which will require law enforcement to arrest the person. Bench warrants are commonly issued at the arraignment, progress report hearings, or when a probation violation is filed. In some instances, a bench warrant may be issued when a person fails to respond to a criminal subpoena.
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. Law enforcement must file an affidavit that is supported with probable cause that a crime was committed and the defendant committed the offense. Essentially, a Ramey Warrant is an order issued by a judge authorizing police to legally arrest someone prior to the prosecutor filing formal charges.
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,
- Safe deposit boxes,
- Electronic devices,
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 warrant may only be recalled and quashed by physically appearing in court. It will remain in the court system until you appear before the judge. Therefore, retaining an experienced warrant lawyer is critical to recall the warrant without suffering serious consequences.
Common Arrest & Bench Warrant Myths
- A bench warrant will eventually terminate on its own over time.
- 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 can be 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 court.
Hire an Experienced Santa Ana Warrant Attorney
In most cases, a person is not aware of the presence of a warrant. Consequently, they find themselves arrested after a routine traffic stop or a background check reveals an outstanding warrant. Contact us today to get in touch with an experienced Santa Ana warrant attorney about your situation. We will help navigate you through this unfamiliar system so you don’t face unnecessary consequences.