Warrant Violation

Criminal Warrants

California criminal courts issue several types of warrants when a person breaks court rules or when police suspect a crime was committed. The most common are bench warrants for missed court dates and arrest warrants for new criminal charges.

Bench Warrants

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Judges issue a bench warrant straight from the courtroom bench when a person disobeys a direct order or court process.

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• Failure to Appear (FTA): Missing a mandatory court date, arraignment, or trial.

• Failure to Pay: Not paying court fines, fees, or victim restitution on time.

• Probation Violation: Breaking the rules of probation set by the judge, such as missing a meeting with a probation officer or skipping a court-ordered class.

• Ignoring a Subpoena: Failing to show up in court after being served as a witness or juror.

Arrest Warrants

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Law enforcement officers or prosecutors ask a judge for an arrest warrant before a person is charged or when they need to make a new arrest.

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• Felony Arrest Warrants: Issued under California Penal Code 813 when police present enough proof (probable cause) that a serious crime was committed.

• Misdemeanor Arrest Warrants: Issued under California Penal Code 1427 for lesser offenses when a summons or citation fails to bring the person to court.

• Grand Jury Indictments: Issued after a grand jury decides there is enough evidence to charge a person with a crime. 

Search Warrants

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• Evidentiary Search Warrants: Issued under California Penal Code 1523 allowing police to search a specific property, vehicle, or person to find physical proof of a crime.

The primary penalty for any active warrant in California is immediate arrest and jail time until you can be brought before a judge. While the warrant itself is a tool to compel your appearance, failing to address it triggers severe legal and financial consequences. 

Criminal Penalties

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• New Misdemeanor Charges: Failing to appear on a misdemeanor case can trigger an independent misdemeanor charge under Penal Code 1320(a), carrying up to 6 months in jail.

• New Felony Charges: Failing to appear on a pending felony case triggers a new felony charge under Penal Code 1320(b), carrying up to 3 years in state prison. 

• Probation Revocation: A bench warrant for a probation violation can cause the judge to revoke your probation and sentence you to the maximum jail time for your original crime.

• Extended Jail Time: If arrested on a warrant, you may be held without bail or have your bail significantly increased because you are deemed a flight risk.

Collateral Penalties

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• Driver's License Suspension: The court will notify the California DMV, which can suspend your driving privileges until the warrant is cleared.

• Loss of Public Benefits: Active felony warrants can result in the immediate suspension of government benefits, including Social Security and CalWORKs. 

• Employment Background Red Flags: Active warrants show up on standard background checks, leading to job loss or the denial of professional licenses. 

• Vehicle Impoundment: If you are pulled over with an active warrant, you will be arrested and your car will likely be towed and impounded.

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Why Hire a Criminal Defense Attorney With Warrant Violation Crimes.

BLLG Law protects your legal rights and works to keep you out of jail. If you have an active warrant, they act as a buffer between you and the police to resolve the issue safely.

Handling Active Warrants

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• Recalling the Warrant: Your attorney can file a formal motion asking a judge to clear (recall) the warrant without you having to surrender to the police. 

• Avoiding Jail Time: For most misdemeanor warrants, an attorney can appear in court on your behalf, meaning you never have to step foot in a courtroom or jail. 

• Negotiating Lower Bail: If you must appear for a felony warrant, your lawyer can arrange a scheduled walk-in appearance and argue for reduced bail or release on your own recognizance (OR).

Fighting the Criminal Charges

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• Investigating the Evidence: They hunt for police mistakes, illegal searches, or weak evidence that could violate your constitutional rights. 

• Negotiating Dismissals or Pleadings: Your lawyer talks to prosecutors to get your charges dropped entirely or reduced to lesser offenses with lighter penalties. 

• Representing You at Trial: If your case goes to court, they select jurors, question witnesses, and present your defense to fight for a "not guilty" verdict. 

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Contact us today to schedule your consultation with a warrant violation defense criminal attorney.