Hundreds of thousands of warrants are issued for people every single year. If you have been notified or discovered that a warrant has been issued for your arrest, it's important to deal with this right away. If you do not, you will be arrested and it will result in you being booked and jailed. Arrest warrants are issued either by the courts or the police. For the police to get an or warrant issued, they have to submit a report to the district attorney, and if there is enough evidence to file a case, the police can request this case be filed, and therefore a warrant is issued. There are a few different types of warrant, an Arrest Warrant, a Search Warrant, and a Bench Warrant.

What is an Arrest Warrant?

An arrest warrant is a court-ordered document that will direct police to arrest someone and bring them before a court. While all arrest warrants are similar and are usually issued because of a request by law enforcement officers and will be approved by a judge. A judge may also issue a warrant on behalf of a court directly, which is known as a bench warrant.

What Is a Search Warrant?

A search warrant is also a document backed by legal authorization, where the police can search a location for evidence. A search warrant protects the defendant from unlawful and unreasonable searches and unreasonable seizures. For a search warrant to be issued, the judge must be convinced that evidence related to an alleged crime is in the location and makes sure the search warrant is issued with the details of the evidence and the area to be searched in great detail.

What Is a Bench Warrant?

A bench warrant is a warrant but issued by a judge rather than requested through the police. The bench warrant is for the arrest of someone so they can be present in court and can occur in one of the following ways:

  1. It can be issued when a person has been served with a summons to appear in court but fails to appear at the designated time and place (Penal Code 813(c)). 
  2. It can be issued when a judge ordered someone to appear in court at a designated time and place, but they did not (Penal Code 978.5(1)).
  3. It can be issued when somebody is released from custody on their own recognizance or promise to appear or on bail or is ordered to accept bail to appear in court at a specific time and place (Penal Codes 978.5(2), 978.5(3), and 978.5(4)).

Will Bail Be Set If the Defendant Has an Arrest Warrant?

When a California arrest warrant is issued, the judge specifies your bail on the warrant itself if the charge is a bailable offense. There are only a handful of few crimes that do not:

  • Capital crimes, i.e. crimes where you could receive the death penalty.

  • Felony offenses involving violence or sexual assault. 

  • Felony offenses where the defendant threatened another with great bodily harm and is likely they would carry out that threat if released.

If the defendant is not accused of committing one of these crimes, they are entitled to post bail even if it was picked up on an arrest warrant and is set according to the bail schedule of California. 

How Do You Post Bail on an Outstanding Warrant?

Depending on the warrant, each one will have specific bail amounts assigned to them. In this case, bail can be posted to some courthouses without needing to go through the booking process. 

Each county will have its own policy on clearing an outstanding warrant. For example, in Los Angeles, Orange County, and San Bernardino County, defendants are to be booked and processed by the sheriff.   

If the defendant posts bail, they get released and an attorney may be able to convince the judge to lower the bail or release the defendant on their own recognizance.

What Are the Requirements of a Warrant?

Each arrest warrant has general requirements that should be met for the warrant to be lawful, which are based on the rights in the 4th Amendment:

Probable Cause

This means that the officers conducting an arrest warrant must have reasonable, or “probable,” cause to arrest the individual. As the officer did not witness the crime, they need information or evidence that directs them to be able to arrest. The officer will bring this evidence to the judge, so the judge will decide whether there is ample evidence relating to, in accordance with the guidance, a “strong basis of knowledge” and a “fair probability” of evidence, so the possibility of a successful warrant can differ wildly based on the judge the case is brought to. 

Neutral and Detached Magistrate

While warrants are usually issued by judges or attorneys, Members of Congress and other political entities are able to issue warrants, but this is only if they are considered to be “neutral” parties.

Lack of Reckless Falsehoods

The last requirement of a warrant states the evidence that is provided cannot be classed as a “reckless falsehood,” which is a lie or misleading bit of information. If this part of the clause is found to be violated, the warrant can be annulled or revoked.

How Much Does it Cost to Clear a Warrant?

The cost of clearing a warrant usually consists of 10% of the charges rate. Based on the specificities of the case, we can research and determine the status of the warrant and go through the best options for you. If bail is able to be posted on the warrant, we can make arrangements to post a surety bail bond to the court. After the bond is posted, the warrant for your arrest is recalled, and a date is set for your court appearance.

What Happens If Bail Cannot Be Posted on a Warrant?

If what is known as a “No Bail” warrant has been issued, the person can turn themselves into law enforcement. Depending on the circumstances of the case, the person can be released on their own recognizance, or they could remain in jail until the hearing, depending on if they are eligible for bail.

But if the defendant cannot post bail, the defendant has the right to request a hearing by being put on what is known as the “walk-in warrant calendar” but the person needs to contact the court to find out the walk-in times. While this might not be an option in some cases as the court may put a “no court surrender” order onto the warrant. If this happens, the best option is usually for the defendant to turn themselves in to the police. If a “no court surrender” order was not put onto the warrant, the defendant can show up where the original case was supposed to take place and can ask to be put on the hearing docket of the day. If the bail is set during the course of this hearing, it can be posted by a bail bonds company.

Find the Right Bail Bonds Company Near Me 

If you have an outstanding warrant, whether it is an arrest, search, or bench warrant, the bail bonds company can post a bond so they can recall the warrant and schedule a new court date which gets the defendant back on the court calendar. The warrant bail bond will ensure the defendant goes to all of their court dates until the case is resolved. If somebody did not know they had a court date or there were circumstances beyond their control that prevented an individual from making it to court, it can go in the way of the defendant. If the person acts responsibly afterwards and shows that they did their best to make things right, the court would not be able to prove the individual tried to miss their court dates that resulted in their warrant. 

The process of going to court can be lengthy, stressful, and financially difficult. Charges can take a long time to conclude and can take weeks or months, which is why a bail bond can be necessary. As part of the comprehensive services we provide, we offer the service of posting a bond at the jail or court so it recalls the warrant for the defendant, so it takes the pressure off them throughout this difficult process.

If you are looking for warrant bail bonds services, we can help you to make sure that you get the respite you need in the run-up to a trial. The paperwork and payments can be done online, by phone, or in-person 24/7 at your convenience. If you are in the Los Angeles, Orange County, Riverside, San Diego, and San Bernardino areas and you want to secure your freedom while awaiting trial, reach out to 24 Hour Online Bail Bonds at 800-930-8999 for more information on bail bonds, the bail bond process, and extra support to give you the peace of mind you need.