What To Do If You Have A Warrant Out For Your Arrest….

By January 25, 2016 August 31st, 2020 Criminal Defense

If a warrant is issued against you, it means that you could be placed under arrest at any time. Your name goes into a nationwide database, or CLETS.  
If you are stopped by law enforcement or police officers run your license plate number, you will likely be placed into custody—a nice way of saying JAILED.
So What Can You Do if a Warrant is issued for your arrest?  
The simple answer is to hire an attorney to clear your warrant or risk being arrested even in the courtroom that you seek to clear the warrant!
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What are some ways a warrant can be issued for your arrest?
A warrant filed against you can be issued for many reasons– some of them are: 

  1. You were given a citation by law enforcement for allegedly committing a crime and did not appear in Court on the designated time. You were released with a ticket to appear on a certain date and time, but you did not show up.
  1. You were investigated by law enforcement for a crime, but they failed to or did not bother to contact you. The law enforcement agency that did the investigation submits it to the district attorney’s office, where they then decide to file a case. A letter was sent to your address ordering you to appear in court on a certain time and date, but you did not show.
  1. Law enforcement is investigating you for a crime. The law enforcement officers can bypass the district attorney’s office and take their evidence directly to a judge. The judge signs the warrant based on probable cause. You now have a warrant out for your arrest. In this scenario, law enforcement will find you and place you under arrest either at home or at work.
  1. You were placed on probation after being convicted of a crime or plead guilty to criminal charges. At sentencing you were ordered to complete some program or class, or pay fines. If you fail to take complete any of these terms and or conditions of your sentence, a judge can issue a warrant for your arrest.

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Misdemeanor vs. Felony Warrants
If a warrant was issued for a misdemeanor case, a skilled criminal defense lawyer can appear for you in court and attempt to recall or clear the warrant. Under California Penal Code Section 977(a), you do not have to be present. However, domestic violence cases and DUIs are exceptions to this general rule.
WE often ask our clients to be on call (near a phone) in case the Judge wants our client to be present. In other instances where it is not clear what the Judge will say, we ask our clients to wait outside the courtroom so that we can get assurance from the Court and prosecutor that our client would not be subject to arrest.  In other instances we have the bail agent accompany us to court as a back-up.
If a warrant was issued for a felony case, you will need to appear in court with your experienced warrant attorney and will have to be ready to post the bail amount that was set when the warrant was issued.  If you do not, you will be taken into custody and will remain in custody until your case is resolved.
Of course we fight hard to avoid remand or having you placed in custody.  In those instances we have successfully convinced the judge that supervised probation or some other kind of electronic bracelet jail alternative would be suitable under the particular circumstances.
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Fiumara & Milligan Law, PC Are Here To Help You
If a warrant is issued against you, you need to act immediately or you will be arrested risking your liberty, job and avoiding embarrassment.
An experienced criminal defense attorney may be able to have your warrant recalled and help you fight the allegations against you.
At Fiumara & Milligan Law, PC with our experienced, compassionate and skilled lawyers have helped thousands of clients with warrant issues since 1992 all over the entire North Bay.  We can help you now.
With two conveniently located offices in Santa Rosa and San Rafael, our experienced warrant attorneys are always available to help you no matter where you work or live.
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Call our offices today at 707-571-8600 OR 415-492-4507 so we can begin working on your case and move toward a favorable result.

Michael A. Fiumara

About Michael A. Fiumara

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