Living your life with the uncertainty of whether a warrant for arrest has been issued against you can be limiting. Additionally, the delay in arrest can be unsettling because you cannot continue with your daily routine. Finding out if a warrant for your arrest exists and learning about what to expect before and after an arrest can help you prepare accordingly.
You can also engage your attorney in the process to increase the chances of a successful search. Additionally, your lawyer will be ready to handle your case if a trial ensues after your arrest. You, therefore, do not have to worry about dealing with the subsequent matters alone.
The Role of Arrest Warrants in Criminal Law
Many criminal offenses occur without a law enforcement officer’s knowledge, meaning that they were not at the crime scene. For example, when an afflicted person reports an incident, the offense has already transpired, and it is up to the officers to arrest the suspect. However, arresting without a lawful basis contravenes the legal procedures of maintaining order.
Therefore, an arrest warrant provides the necessary legal justifications for a law enforcement officer to apprehend a suspect. Usually, the details in the warrant will state the reason for the arrest and the suspect’s details. Additionally, the should be proof of a judge’s order consenting to the warrant before the law enforcement officers present it. Finally, the signature serves as approval for your arrest in readiness for a subsequent criminal trial.
Elements of Valid Arrest Warrants
As a suspect who is unsure whether an arrest warrant has been filed against you, you may be unsure of the elements of valid warrants. Sometimes, law enforcement officers may take advantage of your inexperience in document technicalities to arrest you without cause. You can protect yourself from unfair police misconduct by learning how to identify a valid arrest warrant.
The main factors to look out for include:
When the Warrant was Issued
Checking for the date of a warrant issuance can help you determine whether the offense you are accused of is being pursued validly. Typically, a suspect should face arrest within a few days of the reported incident. Subsequently, an overstayed accusation for committing an offense does not qualify as a reason for an arrest warrant. Instead, the crime should correspond to any recent unlawful activities you have done.
Your Full Name
Some cases may involve mistaken identity, particularly if you share a name with the actual suspected person. Thus, your lawyer will recommend verifying the registered name and address in the warrant after a law enforcement officer presents it. This can help you avoid frustrating mishaps that cause inconveniences for offenses that you may not have committed.
The Offense You are Accused of Committing
Additionally, a valid arrest warrant should state the violation you face arrest for and the statutory provisions authorizing apprehension for this crime. Some subsets may have engaged in more than one offense, so learning the specific cause of arrest helps prepare for trial. Finally, if you have been wrongly accused of an offense, you should contact your criminal lawyer.
Trying to present new information regarding your activities may be counterproductive for you, as it involves providing self-incriminating evidence. On the other hand, your lawyer understands the difficulty of accepting an arrest procedure without committing any offense. Thus, reaching out to them is the best option for further guidance on the issue.
The Issuing Court Name and Location
For suspects involved in offenses in several locations, looking out for the location and court name where a warrant arrest was issued is important. The details will help you understand the reasons for arrest, on top of providing your criminal attorney with the necessary information for trial preparations.
These details can also help you avoid unfair arrests, especially where an offense is recognized in one state but is allowed in another. For example, possession of marijuana in specific amounts is allowed in California, but not in Kansas, where you may have visited. If Kansas authorities prepare an arrest warrant for trial in the state, your attorney can start preparing for rebuttal or defenses in the trial.
The Issuing Judge’s Identity and Signature
Lastly, a valid arrest warrant should contain the issuing judge’s name and signature. Over the years, unlawful arrest processes that include faking the judge’s signature have led to unfair detention and trials. Although most misconducts are uncovered and resolved, you may undergo stressful procedures that may even jeopardize your future.
Your lawyer will inform you that you are assured of a valid legal process free from misconduct and malicious intentions by having the presiding judge sign the arrest warrant. Upon appearing in court, your attorney will also present the documents leading to your arrest to verify the process. Overall, this ensures that the presiding judge is aware of your pending matter in court.
How to Find Out If You Have an Arrest Warrant Issued Against You
When you are unsure or unaware of an arrest warrant against you, living your life without stress becomes difficult. Often, most people who suspect an impending arrest choose to leave their homes hoping to hide until a specific period lapses.
However, the decision may result in more severe outcomes when you return, including enhanced sentences. Furthermore, hiding or spacing will provide a reference point for the prosecutor to instigate a case against you.
Instead, searching for information on your arrest warrant is recommended, as you will be in a better position to prepare for the subsequent outcomes. To do this, you can explore several options that will yield the required information. They include:
Running a Background Check on Yourself
Based on procedural requirements, law enforcement departments will upload your arrest warrant before your apprehension. The update aims at providing details regarding your status to any interested person. Subsequently, running a background check on your name can help you learn of pending arrest warrant executions.
You may choose to run the check online or in the department of justice offices. An online search is quick and convenient for most people because you save travel costs to a physical office. However, navigating the website and finding the exact details you are looking for may not be straightforward. For others, search results may display different names that do not match your identity.
Upon approaching the office, you will present your full name, address, and state of residence. Afterward, an agent will reply to the search request and provide the details you sought. Although visiting the justice department may seem like a self-incriminating move, you should remember that each department plays different roles. As a result, the personnel working there cannot apprehend you on sight, as executing an arrest warrant is a police officer’s duty.
Visit the Closest Sheriff's Office
Another viable option is visiting your Sheriff's office and requesting any details on your arrest warrant. Some suspects may be reluctant to do this, as it is similar to turning yourself in. However, a difference arises when you are unaware or unsure of an existing warrant. In this case, seeking information and finding that a warrant is available does not necessarily mean that you will be arrested.
On the other hand, turning yourself in because you know an arrest warrant has been issued is different. The law enforcement officers will use your submission as cooperation instead of merely seeking information on your status. Therefore, you do not have to worry about immediate apprehension when seeking the arrest warrant details. Nevertheless, speaking to an experienced criminal attorney will help you anticipate the meeting and subsequent actions.
Approach the Superior Court for Your Search
This method is more applicable if you can predict the court name and location most likely to issue an arrest warrant. By approaching the superior court registry, you will access your details sooner because they will soon handle your matter. However, we should prepare adequately and determine which person to approach beforehand to save on time.
Upon finding out the required information, you want to call your defense attorney as soon as possible. Giving a detailed account of your encounter and findings allows them to assess your situation and provide solutions. Your visit to the superior court should also be scheduled to avoid delays, so contacting their officers before the planned date is advisable.
Work with a Professional to Conduct the Search
For some, the entire search experience may be stressful to undertake alone. In this case, working with an experienced professional can ease the burden and help you make adequate preparations on time. Among the best options is approaching your criminal defense attorney to determine whether an arrest warrant has been put out against you.
Upon determining that an arrest warrant exists, your attorney will then call you in for a consultation to plan. During these meetings, you can learn about the available options to avoid an arrest, if any. Alternatively, you can start planning for your criminal trial to give you more time before the process begins. In doing this, you will have more benefits compared to suspects who wait until after detention to retain a lawyer.
Your criminal lawyer also receives additional services from paralegals and clerks. Thanks to this, he/she will work more efficiently and fulfill the legal requirements needed to challenge an arrest warrant. Unlike working alone, you will be more prepared to face the law enforcement officers with the reassurance of a lawyer's support.
Processes Through Which Arrest Warrants are Issued
While law enforcement officers execute arrest warrants, they are issued under different departments. In California, a judge is tasked with approving and issuing the warrant after gathering information on your violations. The most common process for an arrest warrant issue is an officer appearing in court and presenting details about your illegal actions.
During the court appearance, the law enforcement should provide specific details on the crime you allegedly committed. Arrests should only be conducted after showing probable cause. Hence, the assigned officer should also explain the reported activities that gave him/her reasonable belief of your violations.
Alternatively, some arrest warrants are issued through a grand jury indictment process. Similar to the first procedure, information is presented before a jury. The delegated members will then converge to determine whether the details are sufficient to warrant your arrest. The deliberations should take the shortest time possible to allow for subsequent processes to continue.
After reaching a decision, the jury then leaves the judge to endorse it, but only if it satisfies two main requirements. Firstly, the presented details must establish that an offense occurred. This prevents officers from taking action based on speculations.
Thus, the court may assign investigation officers to confirm the veracity of statements filed by aggrieved parties. Secondly, your identity should be verified to avoid cases related to mistaken identity. This may include running a background check on you to ascertain that you are the targeted suspect.
Timelines for Arrest Warrant Execution
After finding an arrest warrant in your name, you may wonder when the law enforcement officers will show up to execute it. The lack of information increases your anxiety and will consequently affect your ability to perform your duties as expected. Your criminal defense attorney will provide details on when to anticipate an arrest after a warrant is issued.
You should note that each time frame is mostly influenced by the type of crime you are accused of. Typically, felonies attract stricter regulations, so an officer may arrest you at any time. The flexible time frame is accepted to prevent fugitives from escaping the state to avoid legal repercussions.
Law enforcement officers are also prone to executing the arrest in unexpected periods to prevent you from resisting. For example, arresting you at home gives you few chances of escaping or causing a scene. Therefore, you should be ready for the encounter and inquire more on what to do when they appear. Additionally, you can exercise your right to remain silent during the arrest to protect yourself from giving self-incriminating evidence.
The Consequences of Delayed Execution of Arrest Warrants
Sometimes, valid arrest warrants may not be executed on time, leaving several possible options for law enforcement officers to approach. However, their course of action depends on the type of crime you were accused of. Additional efforts by your criminal attorney to justify why your arrest warrant should not be executed are also beneficial.
Among the crucial details to prove is that the police delayed in arresting you through their own fault. Additionally, the provided evidence should demonstrate that you did not try to escape the law enforcement officers. This way, no blame can be shifted against you, and the department will be answerable to the court.
Evidence concerning the delay, whether deliberate or not, should be presented in court to demonstrate the officer’s engagements. For example, if the systems in the sheriff’s department are inefficient, your attorney can provide specific examples that led to the delay. For example, misplacement of the original document causes extended delays as the officers try to reapply and have the judge sign it.
Other times, the assigned arresting officers may cause deliberate delays based on permissive work environments. Since they know that follow-ups on cases take long, they will take their time to execute the arrest warrant at your expense.
On top of this, proving that the delayed execution of the arrest warrant caused multiple inconveniences is advisable. For example, potential employers will refrain from adding you to their team upon learning of the pending arrest warrant. Similarly, you may lose out on academic scholarships and other beneficial life experiences based on the delays.
With your criminal lawyer’s input, you may convince the judge to drop all charges and seal any records related to the arrest warrant. Afterward, you will have a good chance to start over and avoid facing subsequent arrests for the same offense in the future.
Contact a California Criminal Lawyer Group Near Me
Upon suspicion of violating the law, you may be uneasy about officers arresting you at any time. Therefore, the first step should be finding information on your arrest warrant and the conditions it stipulates. Afterward, you want to contact your criminal defense attorney as soon as possible to plan for the subsequent legal approaches. With your lawyer by your side, you will have an easier time managing the outcomes of an arrest warrant. Moreover, he/she will advise you of your rights and options in having the warrant nullified.
At the California Criminal Lawyer Group, you will have a chance to work with our strong team. Thanks to the many years in practice, you will receive excellent legal support from our attorneys to help you avert arrests and trials. Additionally, our services are available for any client seeking legal guidance and representation regarding the issuance of an arrest warrant in San Jose, California. For more information, call us today at 408-622-0204.
