Bench and Arrest Warrant Attorney in Bay Area
Is there a Bench Warrant or Arrest Warrant out for your arrest? You are at risk of being arrested by the police and brought to jail or court at any time when you have an outstanding arrest warrant or bench warrant for you in California.
Get an experienced California defense attorney to help handle your warrant as soon as possible. Contact Ginny Walia Law Offices right away at (800) 379-9330.
Our Defense Attorneys may be able to:
- Cancel your warrant
- Avoid custody
- Get quick resolution
- Get you O.R. release without posting bail
- Get you reasonable bail and arrangements with a bail bondsman to be at court
You are not required to have an attorney to assist with a warrant, but an experienced attorney can help you better than you could possibly represent yourself.
Arrest Warrants are orders issued by law enforcement when there is a suspicion of criminal activity. It is very important to take care of arrest warrants as soon as you first learn that there may be an outstanding warrant for your arrest.
It is an official document that a judge issues the police allowing them to arrest a person for a crime. A judge will issue an arrest warrant when the police are able to provide evidence that a crime occurred and show probable cause, or reason to suspect, that the person they wish to arrest was involved in the crime. An arrest warrant will name the specific person that is to be arrested and does not authorize the arrest of parties unnamed.
An arrest warrant is not required in many cases. When the police have probable cause to believe that a person has committed a crime, they can make an arrest without an arrest warrant. There is one major exception to this rule. The police cannot arrest a person in their own home or private residence without an arrest warrant. Amendment five of the constitution states that citizens shall be protected against unreasonable search and seizure. This protection extends to the right of persons not to be arrested in their home or privacy without an arrest warrant.
Bench Warrants are orders issued by the courts when a defendant fails to appear for a court date. It is important to take care of them in a timely manner because California courts look unfavorably upon defendants who have to be arrested and brought into court by law enforcement.
A bench warrant can be issued in both civil and criminal cases. Failure to pay child support, as indicated by a previous court ruling, is a common type of civil case where a bench warrant may be issued. If the individual fails to pay, they are in contempt of court, and a bench warrant can be issued for their arrest. In some civil cases, failure to appear before the court as ordered may result in a default judgment (not often in the defendant’s favor) as opposed to a bench warrant.
In criminal cases where a defendant fails to appear before the court as required, the prosecution may request that an arrest warrant be issued rather than a bench warrant. A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, probation requirements, community service, educational programs, or when the defendant commits a crime while on release pending the original trial.