OC Arrest Warrant Lawyer
Law Office of Michael L. Guisti want to help you through this difficult time by dealing with your warrant issue. It is important to know that a warrant will not "go away," but rather needs to be taken care of right away. The consequences could be worse if the police find and arrest you. We can take you directly to the court and ask the judge for bail reduction or to be released on your own recognizance.
Understanding the Types of Warrants
Many people think warrants are all the same; however, in California they're three different types:
- Bench Warrant – Probably the most common type of warrant is the beach warrant that are issued for failure to appear in court and failure to pay fines; in domestic violence cases, they are issued where a defendant / suspect violates a court-issued protective order. When a bench warrant is issued, it authorizes law enforcement to arrest you and keep you in custody until you can see the judge, at which point the judge decides to release you on a warning or hold you in custody. A bench warrant is considered to be an extension of being "in contempt of court." That can result in jail time, fines, and potentially DMV license suspension, as well as potential probation violation.
- Arrest Warrant – When law enforcement believes you were/are involved in a crime not witnessed by a police officer, they must go to the district attorney with evidence and "probable cause" that you committed the crime. Once the DA believes there is "probable cause," the DA takes his case to a judge. For the judge to accept the DA's case of "probable cause," the judge must believe two things: 1) that a crime has been committed, and 2) that you committed the crime. After those two elements are satisfied, the judge will issue a warrant for your arrest. Once issued by the judge, the arrest warrant authorizes law enforcement officers to arrest and detain you.
- Search Warrant – A search warrant is a warrant that allows law enforcement to search your home, person, business, car, or any other place where they have probably cause to believe a crime has been committed. Police cannot search any other premises or persons not listed in the warrant. Obtaining a search warrant is a similar process to obtaining an arrest warrant as the police go to the DA with their information, and the DA presents their evidence to the judge. The judge must fulfill two requirements before issuing the search warrant. First, the judge has probable cause to believe that a crime has been committed, and second, evidence of the crime is likely to be found in the place(s) detailed in the search warrant. If police searched your home or other place pursuant to a search warrant, it does not always mean it will stand up in court as police often provide judges with misleading or incomplete information to obtain a warrant.
Can I Just Turn Myself In?
In the case of a bench or arrest warrant, you could turn yourself in; however, that could cause more problems, not the least of which is spending time in jail until the judge can see you. Our OC criminal defense lawyers can not only work with you to resolve your warrant, but will take you directly to court and work with the judge to have your bail reduced or get you released on your own recognizance.
In the case of a search warrant, we can challenge the search warrant. We can thoroughly study and examine all the evidence and procedures used by police, and we can even bring in private investigators to see if the evidence was obtained properly. If the evidence was even the slightest bit obtained illegally, that makes the warrant defective, which gets the evidence thrown out of court and the case dismissed.
Don't Face This Alone: Call Our OC Criminal Law Firm
We totally understand this is a difficult, uncertain time for you, but we assure you that Law Office of Michael L. Guisti can handle your warrant in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We can guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and do everything possible to make this complicated time much easier for you. Give us a call at (714) 530-9690 so we can give you supportive guidance.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.