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According to California criminal laws, only arrest and bench warrants can keep you in jail for some time. In this article, we'll look into the existence of warrants in California and an in-depth view of how to obtain warrant information in the state.
One can obtain relevant California warrant information by contacting local law enforcement agencies, including the Sheriff's office, visiting the Superior Court of California's website, running a comprehensive background, or using third-party search engine tools.
What is an arrest and bench warrant in California?
An arrest warrant allows the state's police department to arrest and detain a person who allegedly committed a crime. Law enforcement officers across the different Californian jurisdictions can arrest the named suspect anytime and anywhere.
The judge issues this order when they are satisfied with the level of evidence provided by the police officers.
In contrast, a bench warrant is a standard legal order that a judge issues from the bench. The judge issues this warrant when a person fails to appear in court on a scheduled date.
If you are in contempt of the court, you can expect to receive a bench warrant anytime. The law enforcement officers will arrest you and bring you before the court to pay your fines and court fees or do the activities you were supposed to do earlier.
What Information is Contained in a California Arrest Warrant?
A valid arrest warrant comprises details like:
● The suspect's name
● The alleged crime or charges
● The date, city, and court of issuance
● Signature and title of magistrate or judge
It is worth noting that all arrest warrants related to felonies can be carried out at any time of the day, but warrants for misdemeanor crimes can only be carried out between 6 am and 10 pm.
What's the Most Common Bench Warrant in California?
An FTA (Failure to Appear) attracts penalties like criminal charges and active suspension of a driver's license. The court issues this warrant when you miss court sessions internationally within two weeks of the scheduled appearance date.
Failure to appear warrants are one too many in California. More severe punishments include a jail sentence between six months and three years in one of the state's correctional facilities. You may also have to pay up to $300 for infraction charges.
Find Out if You Have an Active Warrant in California
There are different ways to determine if you are a Californian warrant's main subject. We recommend the following:
Consult with a California criminal attorney.
When you suspect you might have a warrant, the first step is to consult with a criminal attorney. Your attorney can negotiate with the prosecuting department for a less harsh judgment or quick release from jail.
They will efficiently gather all the information they can about your warrant and advise you on the necessary steps you need to take.
Access the California Arrests website
You can easily search for your name to see if there are any warrants where you are the main subject. However, to search this website, you must use the county's department website. The website contains a comprehensive and updated database of all active warrants for California residents.
For instance, if you have an active warrant in Orange County, search the Orange County Sheriff's Department website for more information about the order. You can also visit California's judicial branch's website to access all criminal history and warrant information.
For this search, you must provide your full name, date of birth, court case number, and driver's license number.
Alternatively, visit the United States Department of Justice website. It contains all warrants from all states and municipalities. Regardless of where you may be in the U.S., a police officer can easily access your warrants through this website.
Visit a law enforcement agency
Go in person to the nearest Sheriff's office or the judicial branch in the county to request information about an individual's warrant search.
You can also request a criminal background search at the agency to determine if you have a warrant. Criminal background checks in California are available online through third-party public records search engines.
A background search will reveal helpful information like:
● The subject of the warrant
● Suspected criminal activities
● Previous warrants by law enforcement agencies
● Potential criminal liabilities
Are search warrants common in California?
Search warrants are very common in California. It allows cops in the state to find helpful evidence for ongoing investigations.
According to the fourth amendment of U.S. laws, magistrates can only approve warrants if they receive probable cause from the prosecutors. These searches often focus on homes, vehicles, businesses, and closed-off properties.
Not all searches require warrants. Sometimes, police officers conduct searches if they receive immediate consent from the property owner, believe the evidence could get destroyed before a warrant is ready, or if the evidence is in prominent view.
A search warrant highlights relevant details like the locations of the search areas, genuine reasons for the search, the timeframe of the document's validity, and the exact date and time the cops will search.
Most search orders remain valid for ten days, after which the prosecutor may seek an extension or an entirely new warrant.
How a California search warrant gets invalidated
Some of the provisions under the fourth amendment which could legally nullify a search warrant include:
● Absence of a probable cause
● Vagueness of report
● Unlawful seizure of items not related to the search
● Suppression of evidence
Last Note: California Has a No-Knock Policy
Most states, including California, have a no-knock policy. It allows the cops to forcefully gain entrance into a search location without announcing themselves or telling the occupants why they are outside their doors. This warrant stops suspects from:
● Destroying evidence
● Having enough time to flee
● Arming themselves to combat the cops
