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what are the different types of warrants in california | Carls Bail Bonds

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The Difference Between a State and Federal Warrant

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Most of us know that the police can’t simply walk into our homes and start searching it unless you’ve given them permission to do so, or if they’ve gone through the correct legal channels and acquired a warrant.

The same is true when it comes to arrests. While there are some exceptions, such as drunk driving, you usually can’t be arrested unless the police have an actual arrest warrant.

What you might not know is that there are both state/local arrest warrants and federal arrest warrants.

The biggest difference between a federal and state/local warrant is the law enforcement agency that is involved in your case.

If a federal warrant has been issued for your arrest, it means that you’re a suspect in a federal crime. To obtain a federal warrant, the agency working on the case must present a federal judge with sufficient evidence that you potentially committed the crime and that the crime is indeed a federal matter.

In some situations, trying to determine if a case is federal or state can be complicated. When this happens, a joint task force that consists of both federal agents and state officers is formed. The joint task force not only allows the different agencies to pool talent and resources but also makes it easier to obtain warrants.

How you should behave if there is a warrant for your arrest depends on how you learn about this information.

If you have heard (or suspect) that an arrest warrant has been issued, but the police haven’t actually knocked on your door, don’t even think about trying to run. Bolting will only make the situation worse.

The first thing you should do is contact a lawyer. Tell them what you know and ask for their advice. They will likely encourage you to turn yourself in. By contacting a lawyer before you’re formally arrested, you can keep them by your side throughout the entire process and make sure that none of your civil rights are violated.

Since the police aren’t currently hauling you to the police station, take a little time to get your personal affairs in order. This is a good time to contact a bail bonds agency and alert them that you’ll likely need a bail bond. If you have children or pets, take steps to make sure they’re properly cared for if you have to remain in jail for a few days. Lock up your home, and make your way to the police station.

If the police show up at your home with an arrest warrant, read the warrant and make sure all the information is accurate. If the information is accurate, calmly and quietly go with the officers. Don’t even think about trying to resist the arrest. Don’t answer any questions, take a plea deal, or discuss the case with anyone until your lawyer has arrived.

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What is a Bench Warrant?

By | Bail Bond in Fresno, Bail Bonds in Bakersfield, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

California has three different types of warrants. Each one serves a different purpose. Search warrants and arrest warrants are the ones that most people are familiar with, mostly because they play huge roles in various procedural shows. The third type of warrant is called a bench warrant.

The majority of the warrants currently active in California are bench warrants.

While a bench warrant means you can be arrested if the police find you, they aren’t the same as an arrest warrant. An arrest warrant typically means you’re suspected of committing a crime or wanted for questioning in regard to a crime.

When Is a Bench Warrant Issued?

Bench warrants are typically issued because you failed to do something you were supposed to take care of. Common reasons bench warrants are sworn out include:

  • You failed to report to a court date (a bench warrant can be issued even if you were supposed to be on the jury or serve as a witness)
  • Failed to pay a court fine/traffic ticket
  • Fell behind on court-ordered child support
  • Failed to follow an order that demanded you vacate a property
  • Broke the terms of your probation
  • Etc.

Once a bench warrant has been sworn out for you, the police can choose to go to the last address they have on file for you. If you’re home, they can arrest you.

While there are instances where the police will show up at a person’s front door with a bench warrant in hand, a surprising number of bench warrant arrests happen because of traffic stops. When the police run a background check on the driver, information about the bench warrant pops up, and the police take the driver directly to jail.

It’s important to note that there’s no expiration date on bench warrants. They remain in effect until the person named on the warrant is arrested or they die.

In the long run, it’s in your best interest to deal with the bench warrant and the legal matter it involves on your time rather than waiting until you get arrested. The first step is finding out if a bench warrant has been issued for you.

Do You Have a Bench Warrant?

Different ways to learn if you’ve been named on a bench warrant include:

Checking the sheriff’s or court’s website in the county where you think the warrant would have been issued:

  • Checking the Superior Court of California’s website
  • Running a criminal background check on yourself
  • Using the California Arrests Website

If a bench warrant has been sworn out for you, it’s in your best interest to contact a good lawyer and have them guide you through the process of dealing with the legal matter that led to the issuing of the bench warrant.