San Diego Arrest Warrant Attorney
BE PROACTIVE AND TAKE CONTROL
Learning you are the subject of an outstanding warrant can be an overwhelming and frightening experience. However, while ignoring the situation seems like the preferable option, individuals who do so are only postponing the inevitable; the law always catches up to you. Rather than putting your life on hold and constantly looking over your shoulder, if you are the subject of an outstanding warrant, contact our San Diego arrest warrant attorney at the law firm of George H. Ramos, Jr. & Associates immediately. Our experienced San Diego warrants attorney will assist you in tackling the matter head on, so you can get back to living the life you deserve.
The stress and anxiety of dodging a warrant can take its toll, and every day you wait may increase the seriousness of the consequences you will eventually be forced to face. San Diego warrants attorney George H. Ramos, Jr. can minimize the consequences of the situation by personally appearing before the court on your behalf to have the warrant recalled and convince the judge to reduce bail or grant an OR release.
Stop hiding and take control of your life. Contact George H. Ramos, Jr. & Associates today.
In California, there are two types of warrants a judge can issue authorizing the arrest of an individual: arrest warrants and bench warrants.
An arrest warrant is a court order authorizing law enforcement officers to take an individual into custody and detain him or her pending a court hearing on the matter. It is issued by a judge upon a showing of probable cause that the named individual committed a particular crime. While officers generally need not obtain a warrant before arresting a person in a public place, the law requires officers to have an arrest warrant to effect a nonemergency arrest of an individual in his or her own home.
When the court issues an arrest warrant, the judge will also specify the individual’s bail on the warrant itself, unless the charge is an offense that precludes bail. For all bailable offenses, individuals are entitled to post bail even if they are picked up on the warrant instead of turning themselves in directly to the court.
Felony warrants may be served at any hour, during the day or night. On the other hand, misdemeanor warrants may only be served between the hours of 6 am and 10 pm, absent good cause justifying nighttime intrusion. Though an active warrant authorizes law enforcement to arrest an individual at home, the unfortunately reality is that it is also very common for officers to make an arrest at the individual’s work or place of business.
If you become aware that you are under investigation for a crime, it is crucial to take immediate action and contact a skilled criminal attorney. At George H. Ramos, Jr. & Associates, our experienced San Diego warrants attorney can take proactive measures to prevent the issuance of a warrant, and may even be able to prevent charges from ever being filed.
On the other hand, if there is an active warrant for your arrest, attorney George H. Ramos, Jr. will aggressively advocate on your behalf to have the warrant recalled, preventing the possibility of an embarrassing arrest that could likely result in jail time.
A bench warrant is a warrant issued by a judge in response to an individual’s violation of a court order. When an individual violates a court order, he or she is considered “in contempt of court.” The warrant orders law enforcement officers to arrest an individual and bring him or her before the judge, who may then decide to either release the individual with a warning or order incarceration. Typically, bench warrants are issued under the following circumstances:
- Failure to pay a fine
- Failure to complete community service
- Violation of probation
- Failure to appear in court
- Failure to obey any other court order
Having a bench warrant subjects an individual to a possible probation violation, county jail or state prison time, fines, and/or a driver’s license suspension.
Like arrest warrants, felony bench warrants may be served at any hour of the day, while misdemeanor bench warrants may only be served between 6 am and 10 pm, absent good cause. However, in most cases, an individual is not arrested on a bench warrant until he or she comes into contact with law enforcement, such as being pulled over for a traffic violation.
If you have an outstanding bench warrant, contact our San Diego arrest warrants lawyer immediately. While an individual may go directly into court and handle a bench warrant on his or her own, it is strongly advised to retain an experienced warrants attorney to handle the matter. Though you may have a legitimate excuse for violating a court order, there is a strong likelihood that you may still be taken right into custody. Not only will attorney George H. Ramos, Jr. appear on your behalf to have the warrant recalled and quashed, but he will also advocate for reduced bail or OR release to ensure you avoid jail time.
SAN DIEGO WARRANT SEARCH
The San Diego County Sheriff’s Department maintains an online database of both bench and arrest warrants issued by the San Diego County Superior Court. If you believe there may be an outstanding warrant for your arrest, you can perform a free warrant search online by name via the San Diego County Sheriff’s Department’s Warrant Database.
THE PROACTIVE RESOLUTION OF SAN DIEGO WARRANTS
At the law firm of George H. Ramos, Jr. & Associates, our experienced San Diego warrants attorney handles both arrest warrants and bench warrants to help clients avoid jail time.
Each division of the San Diego Superior Court has a different procedure for recalling and quashing arrest warrants and bench warrants. In most cases, misdemeanor warrants may be recalled and quashed without the defendant’s personal appearance in court. Instead, attorney George H. Ramos, Jr. will appear on your behalf to have the warrant recalled and ask the court to set a future hearing date.
However, personal appearance of defendants is required for felony warrants, and certain misdemeanor warrants such as domestic violence warrants and child abuse warrants:
SAN DIEGO SUPERIOR COURT CENTRAL DIVISION & EAST COUNTY DIVISION
The San Diego Superior Court Central division and East County division generally follow the same procedures for recalling a felony warrant. An individual’s attorney is required to appear in court and set a date, at least three days away, at which time the individual will be required to appear in court with the attorney. On the scheduled court date, attorney George H. Ramos, Jr. will argue to have the warrant recalled and quashed before the judge, who will then make a ruling. In most cases, the court generally follows the unwritten rule that a defendant who walks into court will walk out of court.
NORTH COUNTY BRANCH OF THE SAN DIEGO COURT (Vista)
The North County branch requires the attorney to personally appear in the presiding department and make an ex parte request for the judge to allow the matter to be placed on calendar. Once the request is granted, the attorney is then required to notify the District Attorney of the date, time, and place of the hearing. Attorney George H. Ramos, Jr. will then appear with you in court on that date and argue the matter before the judge.
SOUTH BAY BRANCH OF THE SAN DIEGO COURT (Chula Vista)
The South Bay branch requires that the defendant or Attorney appear early in the morning to request a hearing on the matter. The hearing to recall the warrant is typically scheduled for later that same day.
TAKE MATTERS INTO YOUR OWN HANDS
Don’t wait for the law to catch up with you. If you or a loved one are the subject of an arrest warrant or bench warrant, contact the law firm of George H. Ramos, Jr. & Associates today.
What to know about Warrants for Arrest in San Diego County
When do the police need a warrant to make an arrest?
As long as the police have good reason (called “probable cause”) to believe that a crime has been committed and that the person they want to arrest committed the crime, they can, with just one exception, make an arrest without asking a judge for a warrant.
The exception? There are few places where the adage “a man’s home is his castle” still applies, and an arrest at home is one of them. The police must have a warrant to arrest a person at home if the arrest is for a non-serious offense — such as a simple assault — and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public.
If I’m arrested, do the police have to “read me my rights”?
No. However, if they start questioning you but haven’t read you your rights, they can’t use anything you say as direct evidence against you at trial. What are these rights? Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), your rights consist of following:
- You have the right to remain silent.
- If you do say anything, what you say can be used against you in a court of law.
- You have the right to consult with a lawyer and have that lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
- If you choose to talk to the police officer, you have the right to stop the interview at any time.
It doesn’t matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street, or in the middle of an open field: If you are in custody (deprived of your freedom of action in any significant way), the police must give a Miranda warning if they want to question you and use your answers as direct evidence at trial. If you are not in police custody, however, no Miranda warning is required. This exception most often comes up when the police stop someone on the street for questioning about a recent crime and the person blurts out a confession before the police have an opportunity to deliver the warning.
Will a judge dismiss my case if I was questioned without a Miranda warning?
No. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of the answers as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you. In addition, under the “fruit of the poisonous tree” rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if you tell the police where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without your statements.
If you have questions regarding criminal law, contact us today for a free consultation. We are available 24/7 to take appointments days, evenings, and weekends.