There are two different types of Warrants issued through the Criminal Justice System. Law enforcement will generally issue an Arrest Warrant, which is a written order commanding (authorizing) a law enforcement agency to arrest and/or detain an individual, or allows the search and seizure of one’s property. A Bench Warrant is an order by the court “from the bench” issued by a Judge to arrest a person and bring them before the court.
A person may have a warrant out for his or her arrest for a number of reasons such as a complaint being filed against the person by a prosecuting agency, a failure to appear in court when ordered to, a probation violation, a failure to obey court order(s), and others.
Most warrants are issued for Failures to Appear (FTA) in court and Probation Violations. Many individuals that have been convicted of a criminal offense and then fail to complete the terms of their sentence (probation) can have a warrant issued against them. Also, we see individuals that were cited for a crime (yes, even a traffic infraction) that fail to appear on their scheduled court date for a myriad of reasons, such as fear of what will happen in court, they forget the date or lose their citation or they are simply trying to avoid dealing with the offense.
If you have failed to meet any of the terms of your probation, one thing that our office may be able to assist you with is a Sentence Modification, if applicable in your particular case, once the Warrant has been recalled. If your case is a misdemeanor, you may not need to be present when your warrant is recalled. If your case is a felony, you will almost always need to be present when your warrant is recalled.
Once a warrant is issued by the court, it is reported to the Department of Motor Vehicles (DMV). Many clients contact us after they have attempted to renew their driver’s license, registration or other dealings with the DMV, only to be informed that they have a warrant issued for their arrest. In the state of California, driving is a “privilege” and not a” right”, so if you violate a law, that privilege can be suspended. The longer you wait to resolve an outstanding warrant, the more complicated the process to recall it can be, especially if you are out of state or convicted of a felony. We may able to keep you from going to jail by appearing with you, as often times a judge will order a defendant with a felony warrant to be remanded to jail immediately.
You can hire the Johnson Criminal Law Group to represent you and recall your warrant. By recalling your warrant, the Johnson Criminal Law Group is asking the court to cancel the order for your arrest. Then we can proceed in resolving your underlying case with the most favorable outcome possible. Contact our office .