Sacramento Criminal Defense Attorneys Helping Californians Navigate the Criminal Justice System

Despite our efforts to make the criminal justice system fair and transparent, it remains almost hopelessly complex and confusing for non-lawyers. Unfortunately, a single misstep can result in serious consequences.

Our Bay Area criminal defense attorneys know how intimidating and complicated the criminal justice system can be. Whether there is a warrant out for your arrest or you have a probation violation, they can help you get through the process and focus on getting a fair result. If you’d like to learn about how we can help you, call The Law Offices of David S. Chesley at 800-755-5174 or contact us online to schedule a free and confidential consultation.

What is an Arrest Warrant?

If you commit a crime, you can be arrested with or without a warrant. Most people are arrested because they are caught while committing a crime. Because the crime was committed in the presence of the police, they do not need a warrant in order to arrest you. 

If there were no police present, however, the police must first obtain a warrant before they can arrest you. An arrest warrant is a legal document issued by a judge that gives the police the right to arrest and detain you. The warrant must contain the following information:

• Your name
• The crime that you are accused of committing
• The date and time that the warrant was issued
• The name and signature of the judge and the name of the court that issued the warrant
• The city or county where the warrant was issued

In order to obtain an arrest warrant, the police or a district attorney will go before a judge. They will attempt to show the judge that they have "probable cause" that you committed a crime and that you should, therefore, be arrested. If they successfully persuade the judge that there is probable cause, the judge will issue an arrest warrant.

However, arrest warrants are sometimes issued by the judge following a grand jury indictment. This is a different process, where the district attorney presents evidence to a grand jury. If the grand jury finds that the evidence is sufficient to charge you with a crime, you will be indicted. The indictment will then likely result in a judge issuing an arrest warrant.

Execution of the Warrant

Once the judge issues the warrant, the police must execute the warrant. This means, in most cases, that the police will go out and arrest you if they find you. In misdemeanor cases, for example, they may only cite you and then release you. If you are charged with a felony, you will likely be handcuffed and taken to the police station for booking.

The officer who received the warrant can be found in contempt of court if they fail to execute the arrest warrant. The officer must also execute the arrest warrant within a reasonable time; otherwise, it could violate your right to a speedy trial. Here are a few other important details regarding execution arrest warrants:

• The warrant will most likely be executed (i.e., you will be arrested) where you live or work.
• The arresting officer does not need to have a copy of the warrant when they arrest you.
• Felony warrants can be executed at any time of day or night, whereas misdemeanor warrants can only be executed between 6 am and 10 pm unless the judge issuing the warrant has specified otherwise.

Once you have been arrested and taken to jail, you will be brought before the court “without unnecessary delay,” which is typically within 48 hours of your arrest.

What Are My Options?

If you become aware that there is a warrant out for your arrest, the best thing you can do is contact an experienced criminal defense attorney in the Bay Area. Your lawyer can find out what crime you’ve been accused of and explain your options. They may also be able to get the warrant resolved without you being arrested.

Otherwise, your options are fairly limited. If the police find you, they will arrest you. You could turn yourself in, but understand that you will probably be taken immediately to jail.

The only other option, which we do not recommend, is to leave the state of California. If you do this, you will be deemed a fugitive from justice. And if you are apprehended later in another state or country, it is very likely you will be extradited back to California to face your charges.

Probation Violations

When you are sentenced to probation, your probation comes with certain conditions, such as the following:

• That you pay a fine to the court or restitution to the victim
• That you remain gainfully employed
• That you enroll in and complete a behavioral program such as anger management or drug treatment
• That you are not arrested for any other crimes while on probation

Failing to meet a single condition of your probation is considered a probation violation. If you violate your probation, a probation violation hearing will be set.

Your hearing will be in court before the judge. While this may seem worrisome, you enjoy many of the same rights as you do in a criminal trial, including the right to be represented by counsel. In addition, this is your opportunity to explain your situation and hopefully avoid further trouble.

At your probation hearing, there are three possible outcomes you face:

1. The judge can revoke your probation and send you to jail;
2. The judge can reinstate your probation on the same conditions;
3. The judge can reinstate your probation on modified conditions.

There are a number of factors that will influence the judge’s decision such as –

• How much of your probation you had served before the violation occurred
• Whether the violation is serious or minor
• Your criminal history and whether you have prior probation violations

An experienced Sacramento criminal defense attorney can use the law and the facts to create a persuasive argument in order to get the best possible result at your probation violation hearing. 

If You Have Been Accused of a Probation Violation, Call Us Today to Schedule a Free Case Evaluation with a Sacramento Criminal Defense Lawyer

If you’re worried about an arrest warrant or a probation violation, you need someone on your side to protect your rights. With over 50 years of courtroom experience, we know how to get you the results you deserve. Don’t leave your future in the hands of the judge or the prosecutor – call The Law Offices of David S. Chesley at 800-755-5174 or fill out our online contact form to schedule your free consultation.