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What do I do if there is a warrant out for my arrest?

When a warrant has been issued, it means that a judge has issued a warrant for an individual’s arrest and set an amount for bail. The warrant then is entered into a nationwide database and if law enforcement runs a search and the warrant turns up, then you will be placed under arrest and then taken to the county where the warrant originated. A judge will then see you, usually within 48 hours, and address the reasons behind the warrant.

A warrant for your arrest may be issued for several reasons. The following list includes a few of those reasons:

  • If you were issued a citation by law enforcement and released with a ticket to appear at a specific date and time but failed to appear
  • If the DA files charges against you and sends you a letter requiring you to appear in court, but you fail to appear in court
  • If law enforcement demonstrates probable cause that evidence is at a particular place, the judge can issue a warrant based on probable cause

Is there a difference between a misdemeanor and felony warrant?

Pursuant to Penal Code Section 977(a), if a warrant was issued in a misdemeanor case your attorney can appear on your behalf and recall the warrant without you being present. The attorney will ask you to sign a Waiver of Defendant’s Personal Presence in this instance.

If a warrant was issued on a felony case, however, you will need to appear in court with your attorney. You will also need to prepare to post the bail amount that was set when the warrant was issued.

Questions about your warrant? Orange County Warrant Attorney Scott Hughes can help answer your questions and resolve your legal issue.

Scott Hughes is a criminal defense lawyer in Orange County, California practicing in State and Federal Court.

Categories: Criminal Defense
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