Peter Blair | February 4, 2025 | Criminal Defense
Warrants are used in the criminal court system in San Diego, CA, for several reasons. A warrant is an order from the court directing a specific action. Most people think about arrest warrants when considering warrants in a criminal case. However, California courts issue several types of warrants, including arrest, search, and bench warrants. It is important to understand the difference between each type of warrant, including your legal rights and responsibilities.
Arrest Warrants
Police officers obtain an arrest warrant by filing a formal petition with the court. The officers must include a declaration explaining the probable cause for the arrest warrant. Probable cause is a reasonable belief that a crime has been committed or there is evidence of a crime present in a specific place. In some cases, the officer may provide an oral statement to the court to support their request for an arrest warrant.
An arrest warrant must contain specific information to be valid. Mistakes and errors in an arrest warrant could invalidate the arrest. A valid arrest warrant includes the following:
- The name of the person to be arrested
- The criminal charge the person is accused of committing
- Details supporting probable cause for obtaining the arrest warrant
- The place and time the warrant was issued
- The signature of the authority issuing the arrest warrant
For misdemeanor arrest warrants, police officers may serve the warrants on someone at their home between the hours of 6 am and 10 pm. Judges may authorize an officer to serve an arrest warrant during other hours. Felony arrest warrants may be executed at any time of the day or night.
Search Warrants
The Fourth Amendment to the Constitution gives citizens the right to be free from unlawful searches by law enforcement officials. The Constitution requires law enforcement to have probable cause before a search warrant can be issued.
Law enforcement officials must convince a judge of probable cause for the search warrant. Even with a search warrant, there are limitations on what police officers can search. The search warrant must limit the search to specific places, people, and things. An exception would be a police officer seizing items in plain view, such as drug paraphernalia sitting on a table or stolen goods on the floor.
Police officers may have a valid legal reason for conducting a search without a warrant. However, an unlawful or unreasonable search could result in a motion to suppress evidence.
If the court finds the search was unlawful, the evidence found during the search would be inadmissible in court. Without the evidence, the prosecution may be unable to prove their case, resulting in a dismissal of the criminal charges.
Bench Warrants in Criminal Cases
Bench warrants are issued by the court when someone fails to comply with a court order or command. For example, the court may issue a bench warrant if someone fails to appear in court or pay a fine. Judges issue bench warrants when they find someone is in contempt of court.
Instead of ignoring a court order or command, it is better to speak with a criminal defense attorney. A lawyer can explain the consequences of failing to comply with the order and help you determine the best way to deal with the criminal matter to avoid additional complications.
How Can I Find Out if I Have a Warrant Against Me in San Diego, CA?
There are several ways to determine if you have a warrant against you in San Diego County. You can use the warrant service provided by the San Diego County Sheriff’s Office to look up arrest warrants online by name. You can also check with the Superior Court of California to determine if you have been named in a civil or criminal case. Warrants generally appear when someone conducts a background check with the California Department of Justice.
However, warrants may be issued by any court or law enforcement agency. Therefore, you would also need to check with federal, state, and municipal courts and law enforcement agencies in your jurisdiction.
Do You Need Help With a Warrant?
If you are concerned about an outstanding warrant or have been arrested in California, contact Blair Defense Criminal Lawyers to speak with an experienced San Diego criminal defense lawyer. An attorney explains your legal rights regarding a criminal matter and potential options for a defense. Speaking with law enforcement or dealing with a criminal matter without legal representation is not in your best interest.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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