What Happens After a Warrant Is Issued? Your Options in California

December 17, 2024
Brownstein Law Group

In California, receiving notice that a warrant has been issued for your arrest or to search your property can be a frightening and traumatic experience. Whether it’s a bench warrant, an arrest warrant, or a search warrant, understanding the process and your legal options is critical to protecting your rights and minimizing the consequences.

Below, our criminal defense lawyer explores what happens after a warrant is issued in California, the legal implications, and the steps you can take to address the situation with the help of Brownstein Law Group.

Types of Warrants in California

There are three primary types of warrants in California, each with distinct purposes:

  1. Arrest Warrant
    • An arrest warrant is issued when law enforcement or a prosecutor presents evidence to a judge suggesting probable cause that you have committed a crime.
    • It authorizes the police to take you into custody.
  2. Bench Warrant
    • A bench warrant is issued by a judge when you fail to comply with a court order, such as not appearing in court or failing to pay fines.
    • It allows law enforcement to arrest you and bring you before the court.
  3. Search Warrant
    • A search warrant permits the police to search a specific location for evidence related to a crime.
    • It must be supported by probable cause and clearly specify the area to be searched and the items sought.

Each type of warrant has unique consequences and processes, but they all require immediate attention.

What Happens After a Warrant Is Issued?

Once a warrant is issued, law enforcement officers have the legal authority to act on it. In general terms, here’s what you can expect:

For Arrest Warrants

  • Arrest at Home or Work: Officers may come to your home, workplace, or any location where they believe they can find you. Arrests can occur unexpectedly.
  • Booking Process: If arrested, you’ll be taken to jail, where you’ll undergo booking, including fingerprinting, photographing, and processing.
  • Bail: After booking, you may be eligible for release on bail. The amount of bail depends on the severity of the charges and local guidelines.

For Bench Warrants

  • Immediate Arrest: Law enforcement can arrest you at any time and bring you before the court.
  • Additional Charges: Failing to comply with a court order can lead to additional penalties, including fines or jail time.

For Search Warrants

  • Search of Property: Officers will search the specified location for evidence listed in the warrant.
  • Seizure of Evidence: Any evidence obtained during the search can be used against you in court.
  • Collateral Discovery: If law enforcement discovers evidence of other crimes not listed in the warrant, it may still be used in some cases.

Legal Implications of a Warrant

The issuance of a warrant has significant legal consequences, including:

  • Loss of Freedom: An arrest warrant or bench warrant can lead to immediate incarceration.
  • Criminal Charges: Evidence obtained through a search warrant may strengthen the prosecution’s case against you.
  • Enhanced Penalties: Failing to address a bench warrant can result in additional charges or increased penalties.

That being the case, understanding the potential consequences is the first step toward taking control of the situation.

Why You Need a Marin County Criminal Defense Lawyer

Dealing with a warrant requires navigating complex legal processes. An experienced criminal defense attorney in Marin County can provide critical support by:

  • Explaining Your Rights: Ensuring you understand your constitutional protections.
  • Crafting a Defense Strategy: Developing a tailored approach to address the warrant and underlying charges.
  • Advocating for You in Court: Representing your interests during hearings and negotiations.
  • Minimizing Consequences: Working to reduce penalties, dismiss charges, or suppress evidence obtained unlawfully.

A skilled attorney is your best ally in mitigating the impact of a warrant on your life.

Your Options After a Warrant Is Issued

If a warrant has been issued against you in California, it’s essential to act quickly and strategically. You have several options, but you should first verify/confirm that there is, indeed, a warrant issued in your name. Your attorney can help with this and can review the warrant to determine what type of warrant it is, the charges associated with it, and determine whether it’s legally proper.

Once it’s been determined that a warrant has, in fact, been issued, you have the option of voluntarily surrendering or your attorney may choose to challenge the warrant due to a lack of probable cause, procedural mistakes or on the basis that the warrant to overbroad. 

Key Takeaways

A warrant is a serious legal matter, but it doesn’t mean your case is hopeless. By taking proactive steps and working with an experienced criminal defense attorney, you can protect your rights and navigate the legal process effectively.

If you believe a warrant has been issued against you in Marin County or anywhere in California:

  • Verify the warrant’s existence and scope.
  • Understand your legal options.
  • Seek immediate legal representation.

Remember, ignoring a warrant will only make the situation worse. Acting quickly and strategically can make a significant difference in the outcome of your case.

Contact a Marin County Criminal Defense Attorney Today

If you’re facing a warrant or need assistance with a criminal matter, don’t wait to seek help. At Brownstein Law Group, we have years of experience in protecting the rights of individuals in Marin County and throughout California. Our experienced team can guide you through every step of the process, from addressing the warrant to building a strong defense.

Contact us today for a confidential consultation and take the first step toward resolving your legal challenges.