Clearing a San Diego County Arrest Warrant or Bench Warrant

You’ve been issued an arrest warrant or bench warrant, what should you do next? At The Cruz Law Office, we can assist you in clearing your arrest warrant before you are arrested and put in jail. The worst thing you can do is ignore the arrest warrant and risk losing your freedom. If there is an arrest warrant against you, any law enforcement contact will result in your immediate detention. The longer you wait to clear your arrest warrant, the greater the risk that the court will impose serious consequences against you.

What is an arrest warrant/bench warrant?

Commonly, an arrest warrant is issued by a San Diego County Superior Court judge for numerous reasons. An arrest warrant issued by the San Diego County judge is also known as a Bench Warrant. When the judge issues a Bench Warrant, he or she is authorizing law enforcement to immediately arrest and detain an individual. If there is a bench warrant against you, you will be detained, and taken to county jail until your arrest warrant is cleared and the judge allows for your release, your case is resolved, or you are allowed to post bond. In any event, your arrest will put your life on hold until the issue is resolved. Having an experienced criminal attorney assisting you with your arrest warrant will put you at ease and allow you to continue with your daily routine without fear of being detained.

Why were you issued the warrant?

Arrest warrants are commonly issued by a San Diego County Superior Court if:

• You failed to appear at a court hearing; or
• You failed to comply with a court order.

Failure to comply with a court order may result from:

• You failing to complete a court ordered treatment program;
• You failing to complete a court ordered volunteer or community work service;
• You failing to pay a court ordered fine;
• You failing to comply or violating a court ordered term of probation.

Failure to comply with a court order may result in:

• Your arrest;
• A mandatory court appearance;
• Additional charges filed by the San Diego County District Attorney’s Office; or
• A hold being placed on your driver’s license by the D.M.V.

What is the difference between a Bench Warrant and an Arrest Warrant?

A bench warrant issued by a San Diego County judge is typically an order for you to appear in court for failing to comply with a court order. On the other hand, an arrest warrant is typically an order for your arrest following a criminal investigation. When law enforcement investigates a crime, a potential crime, or any criminal activity, and finds sufficient evidence of a crime and the identity of the suspect or suspects, a court will issue an arrest warrant authorizing law enforcement to arrest each suspect.

Law enforcement must have probable cause to arrest you. If law enforcement finds sufficient evidence to constitute probable cause that a crime has been committed and can establish with objective circumstances that you committed the crime, then law enforcement may request an arrest warrant for your arrest from a San Diego County judge. Once a judge signs the court document issuing an arrest warrant against you, law enforcement will actively seek to arrest you. The police may go to your home or work to arrest you.

Why do you need an attorney to clear an arrest warrant?

If there is an arrest warrant against you following a criminal investigation, and law enforcement arrests you, anything you say to law enforcement may be used against you. It is important to you know your rights and consult an experience criminal defense attorney to help you clear an arrest warrant. Clearing an arrest warrant without being represented by an experienced criminal defense attorney may result in negative consequences. An experienced criminal defense attorney will be able to ensure that you are complying with the legal procedures and to minimize the risk of being detained. Contact The Cruz Law Office for a FREE CONSULTATION. We can help you resolve your legal issues so that you can continue with your life free of fear and anxiety.

Call The Cruz Law Office at (619) 717-2233 or email us at [email protected].
Our office is located at 3200 4th Avenue, Suite 203, San Diego, CA 92103. For more information visit us at TheCruzLawOffice.com.

Legal Disclaimer: Nothing in this website should be taken as legal advice for an individual case or situation. The information is intended to be general and should not be relied upon for any specific situation.