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When a Warrant Has Been Issued in Your Criminal Case

Posted on in Criminal Defense

arrest warrant, San Jose criminal defense attorneys, misdemeanor crimes, San Jose criminal charges, criminal chargesHearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

California Arrest Warrants

An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at the scene immediately if he or she sees a crime has been committed. Or, an officer can request an arrest warrant from the court based on the evidence in your case.

Arrest warrants can also result from a grand jury indictment, where the court rules there is enough evidence against you to move forward with criminal charges. In enforcing an arrest warrant, there are several options law enforcement and the courts may take:

  • Officers can enforce the warrant at your home, business, or in any public place. In some cases, you may not even be aware of the warrant until you are informed at a traffic stop; and
  • The prosecuting attorney can issue a summons in lieu of an arrest warrant, which may be sent through the mail or delivered personally through a process server. This commands you to appear in court on a certain day or be subject to immediate arrest.

Arrest Warrants in Santa Clara County

For certain types of misdemeanor crimes, officers may simply cite and release you, rather than going through the process of making an arrest. In San Jose, this has been a point of contention. 

In 2017, Mercury News reported on new policies initiated by the San Jose Police Department. Arrest warrants generally have bond amounts associated with them, and are based on the crime an individual is accused of committing. Previously, an individual could be subject to a warrant and immediate arrest if the amount was $5,000 or less.

To reduce jail overcrowding and unfairly burdening those with lower incomes, Santa Clara county raised the amount to $15,000 in late 2017. Some police department members claim it undermines the efforts of law enforcement, while others advocate that it prevents minor offenders from being subject to excessive fees and penalties.

Let Us Help You Today

If you are concerned about your background and potential warrants that may have been issued in California or in other areas, reach out and contact Jachimowicz Law Group. We can arrange a consultation with our skilled San Jose criminal defense attorneys to discuss your situation and the best course of action in your case.

Sources:

https://www.mercurynews.com/2017/12/04/san-jose-chief-resists-countys-stricter-warrant-arrest-guidelines/

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=815

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