There are two types of California warrants issued by a judge. The first type is an arrest warrant and the second is a bench warrant. A Federal judge or a State judge may issue warrants. The California warrant attorneys at Fiumara & Milligan Law, PC are experienced in handling warrants in both Santa Rosa and San Rafael. They will work to have the warrant cancelled or recalled and quashed by the court, allowing you to remain free from custody.
An arrest warrant is a court order issued by a judge for the arrest or detention of an individual after a crime has been committed. Typically, a warrant will be issued after an investigation by law enforcement. Once a judge determines that there is a reasonable suspicion that a crime has been committed, and the person named in the warrant was the person involved in the crime, the judge will sign the arrest warrant. A law enforcement official has the right to detain the person named in the warrant once the warrant is issued. They will go to your home or office to take you into custody. This will ensure that a person will appear in court to appear before a judge. A warrant may require that a significant bail be put up before a person may be released. The bail is a guarantee that the person will return to court. In some cases, a judge will issue an arrest warrant with no bail.
In many cases, bail will be more than the cost of an attorney. Your warrant attorney will argue to the court to have the bail altered so that you may remain out of custody.
Once you are in custody, the police will attempt to get a statement from you regarding the crime. If you hire a criminal defense attorney who has significant experience in handling these cases, it will be virtually impossible for the police to take a statement from you. Remember that any statements that you make can and will be used against you.
North Bay warrant attorney Michael A. Fiumara has been able to convince even the toughest judges to release individuals on their own recognizance who have been arrested on a warrant. This means that the person will have to promise to appear for a future court date.
A bench warrant is an order issued by a judge when a person fails to appear in court after they were ordered to appear by either law enforcement, their attorney, or a judge. If the person fails to appear, the judge will issue a bench warrant which requires law enforcement to immediately locate and arrest the person. This typically occurs when the judge has ordered a person to appear for a hearing, progress report or when a probation violation is filed. In some cases, a witness to a crime who has been ordered and fails to appear will have a bench warrant or body attachment ordered. The purpose for the bench warrant is to ensure the court appearance of the person charged with a crime, or a witness, to appear in court.
Once a bench warrant has been issued and the person knows that there is one outstanding, they should immediately retain a bench warrant attorney. It is important to hire a bench warrant attorney because a warrant can lead to enhanced punishment including substantial fines and jail time. The judge could also impose fines and probation.
After a bench warrant is issued, your driver’s license will be suspended. If you are stopped for a simple traffic citation, you will immediately be taken into custody. The police officer does not have the discretion to release you, or allow you to contact an attorney until you are booked into jail. Once you are booked, you will be allowed to contact your bench warrant attorney. If you learn that a bench warrant has been issued, do not delay us in order to help you through the process.
Hiring an Aggressive and Experienced Warrant Attorney
Attorney Michael A. Fiumara is a North Bay criminal defense attorney that has been helping clients fight issued warrants. Mr. Fiumara knows what motions to file, and how to effectively argue your case. He will go to court with you and assist in getting you released from custody and explaining to the judge why you should not be held in jail. He can also assist in having a bail bondsman in court to facilitate an immediate release from custody. When you learn there is a warrant for your arrest or for your failure to appear, contact Fiumara & Milligan Law, PC as soon as you are able.