A bench warrant, a serious legal matter, is an arrest warrant ordered by a judge against the defendant in a criminal case. It is issued upon probable cause that a crime was committed and authorizes law enforcement to arrest a suspect. Bench warrants are typically issued when the prosecutors file a case and haven't reached the criminal defendant. They take the case to the court and have the judge issue a warrant for the defendant.
Another instance where I see a judge issue a bench warrant is if someone violates their probation. The final way in which I see bench warrants issued by judges is when a person has a court date the judge sets for them, the judge calls the case, the person is not there, and the judge has to issue a bench warrant.
If the judge does not issue a warrant, they will lose jurisdiction over the case and will not have any power over the individual, potentially leading to severe consequences.
Once a bench warrant is issued, the judge will either set bail or put a no-bail on it, and then the person will not be able to get out.
Could There Be A Bench Warrant Issued Against Me In LA County Without My Knowledge?
It's common for a bench warrant to be issued without the individual's knowledge. For example, suppose somebody is on probation to a judge, and the probation department informs the judge that the person has not met a condition of their probation as ordered.
In that case, the judge will issue a warrant for their arrest. Another area where warrants are issued for people is when an individual is charged with a crime, the person is not in custody, and they need to apprehend him. Prosecutors will go to a judge and have the judge issue a warrant so that they're able to arrest the individual.
Finally, I see warrants issued when people don't know about them if someone has already been arrested and in custody. The police or prosecutors decide the case needs additional investigation to gather more evidence. During that time, the defendant is just sitting in jail and waiting.
Then, when the police get the information they need, the prosecutors file a case and put it in court, and a warrant is issued for the defendant. It's not the defendant's fault. Unfortunately, that's how the system works.
How Are Bench Warrants Served In Los Angeles?
In Los Angeles, when the judge issues a warrant, several stages occur. Once the judge issues the warrant, the courtroom reporter or judicial assistant produces a minute order. The order is then put into a system called the CLETES system, which can be accessed by law enforcement.
Thus, if they pull somebody over and run their record based on their driver's license, they can see a warrant and arrest the person.
Another way the warrant can be executed against the person is if law enforcement sees it in the system. The warrant is given to the police, who then learn where the person lives from their DMV records. From there, they can go to the person's house or job and arrest them.
The bottom line is that the police are tasked with executing these warrants, arresting people, and getting them into court. It's strange how the police do it because sometimes months or years can go by while they do nothing about a warrant. Then, one day, the person gets pulled over for a traffic violation or stopped at the airport. Other times, the police will go out, execute a warrant, and grab that person.
I see it happening a lot around the holidays. They think that people will be home celebrating the holiday with their families. They go, execute a warrant, arrest the person, and try and keep them over the long weekend to deal with their criminal case.
Can Police Arrest Me At A Traffic Stop?
What Exactly Is A Bench Warrant In LA County?
If a judge issues a warrant, also known as a bench warrant, and the police become aware of it, they could arrest you at a traffic stop, take you into custody, and put you into the system where you will have a hearing in court. Interestingly, in a typical criminal arrest, the police have up to 72 hours in Los Angeles County to get you into court.
However, when a bench warrant is involved, getting you into court can take a little longer. It's strange, but that's how the system works.
Remember, you have rights and options. You'll be entitled to have an attorney to represent you. You can hire one, or a public defender will be appointed on your behalf. Having legal representation is crucial in navigating the warrant and the underlying reason it was issued.
Will I Go To Jail If I Turn Myself In For A Bench Warrant?
If you have a bench warrant in Los Angeles County, you can turn yourself in in a few ways. One is to go to the local police station, and they'll see that you have a warrant. You turn yourself in, and if you don't post bail, you'll trickle your way through the system.
Another way is to turn yourself in, post bail, and then be given a court date within 30 days to appear and resolve your case. The process can take a long time in both cases, and the police will ask you questions.
The best way is to go directly to the court with your attorney; he'll tell the clerk of the court that you're there on a warrant, give his or her business card, and then the case will be sent to one of the courtrooms that have jurisdiction over your case.
Your attorney can ask that the warrant be recalled and quashed, which should happen right away. The attorney may be able to get you released on your recognizance, where you won't have to post any bail. The attorney could try to deal with your case on the spot, depending on your case's circumstances. Your attorney will be your advocate throughout this process, helping you understand your rights and options and working to achieve the best possible outcome for your case.
With a bench warrant, it's best to go directly to the court that issued the bench warrant with your attorney present.
Can I Get a Bench Warrant Dropped?
There are several ways to eliminate a bench warrant in Los Angeles County. One way is to post bail on the case, and then there will no longer be a warrant. Then, you'll be given a court date when you can appear and deal with your case. Usually, to post bail, you either have to appear in court or hire a bail bond agent. If you go this route, you'll have to know the bail, and it can't be a no-bail hold.
Another way to get bail or a bench warrant dropped is to appear in court in front of the judge who issued the bench warrant and ask the judge through your attorney to recall and quash the bench warrant. This means they'll get rid of a bench warrant, so it's no longer in the system.
The bench warrant is an issue because the judge wanted you in court. Once you appear in court, the bench warrant will be immediately recalled.
Then, the issue becomes what happens if your case continues. Your attorney can review the paperwork and talk to the prosecutor to decide what strategy to use in your case. You go into custody with a bail put on you, no bail, or you are released on your recognizance while the case is pending.
Your attorney will have to take this up for you to be put in a position where you can get out. You should strategize with your attorney before going into court: have a bail bondsperson ready to go so that if bail is put on your case, you can post it.
Frequently, I can have my client wait inside the courtroom while the bail bondsman posts his bail with the court clerk, and then they get released from the courtroom without having to go into custody.
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