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Warrants: Understanding the Legal Labyrinth and Protecting Your Freedom

If you find yourself facing a warrant, whether it’s a bench warrant or an arrest warrant, the situation can be stressful and overwhelming. It’s crucial to understand the different types of warrants, their consequences, and how to navigate the legal process to resolve them. The experienced attorneys at the Law Offices of David S. Chesley are here to guide you through this challenging time and fight for your rights.

Types of Warrants

Bench Warrants

Definition and Issuance

A bench warrant is a type of warrant issued directly by a judge when an individual fails to comply with court orders or requirements. This can happen if you miss a scheduled court appearance, fail to pay a court-ordered fine, or don’t complete court-mandated community service. Unlike arrest warrants, bench warrants are not based on evidence of a crime but rather on procedural non-compliance.

Consequences and Resolution

When a bench warrant is issued, law enforcement has the authority to locate and arrest you to bring you before the court. To resolve a bench warrant, you must either voluntarily appear in court or risk being arrested. The court will then address the original matter and your failure to appear, which may result in additional penalties. It’s essential to act quickly and seek legal guidance to minimize the consequences.

Arrest Warrants

Definition and Issuance

An arrest warrant is issued by a judge or magistrate when there is probable cause to believe that an individual has committed a crime. The warrant gives law enforcement the authority to arrest the suspect. For an arrest warrant to be issued, there must be evidence supporting the probable cause, typically in the form of an affidavit detailing the evidence against the accused. This process ensures that arrests are made based on legal grounds and not arbitrarily.

Consequences and Execution

Once an arrest warrant is issued, police officers have the power to take the individual into custody wherever and whenever they are found. The person is then brought before the court to face the charges. When executing an arrest warrant, law enforcement must comply with legal requirements, such as informing the individual of the warrant and the charges against them, although there are some exceptions based on urgency and public safety concerns.

Lifting Warrants

Process and Legal Considerations

Lifting a warrant involves taking legal action to resolve the underlying reasons for the warrant’s issuance. For bench warrants, this typically means fulfilling the court’s requirements, such as paying outstanding fines or appearing in court as ordered. In the case of arrest warrants, lifting the warrant usually involves appearing before the court to address the criminal charges. Given the complexity of the legal process, it is highly recommended to consult with an experienced attorney who can guide you through the process, advocate on your behalf, and work to minimize any potential consequences.

How the Law Offices of David S. Chesley Can Help

If you are facing a warrant in California, the skilled attorneys at the Law Offices of David S. Chesley are ready to stand by your side and fight for your rights. Our team will:

  • Thoroughly review your case and the circumstances leading to the warrant
  • Explain your legal options and develop a strategic plan to resolve the warrant
  • Negotiate with the court and prosecutors to minimize any potential penalties
  • Represent you in court proceedings and advocate for your best interests
  • Work tirelessly to lift the warrant and protect your freedom

Why Choose the Law Offices of David S. Chesley?

At the Law Offices of David S. Chesley, we understand the stress and uncertainty that comes with facing a warrant. That’s why we are committed to providing aggressive, knowledgeable, and compassionate legal representation. Here’s what sets us apart:

  • Extensive experience handling a wide range of warrant cases
  • In-depth understanding of California’s complex warrant laws and procedures
  • Personalized attention and tailored legal strategies for each client
  • Aggressive advocacy to protect your rights and achieve the best possible outcome
  • 24/7 availability to address your concerns and answer your questions

Contact the Law Offices of David S. Chesley

If you or a loved one is facing a warrant in California, don’t wait to seek experienced legal representation. Contact the Law Offices of David S. Chesley today at (800) 755-5174 for a confidential consultation. Our attorneys are standing by 24/7 to provide the powerful advocacy you need to lift the warrant and protect your future.

With strategically positioned offices throughout Southern, Central, and Northern California, we’re always in your corner, no matter where you are in the Golden State. From the bright lights of the big city to the quiet streets of the suburbs, the Law Offices of David S. Chesley has got your six.

What is the difference between a bench warrant and an arrest warrant?

A bench warrant is issued by a judge when someone fails to comply with court orders, such as missing a court appearance or not paying fines. An arrest warrant is issued when there is probable cause to believe a person has committed a crime, and it gives police the authority to arrest that person.

What happens if a bench warrant is issued against me?

If a bench warrant is issued, law enforcement can locate and arrest you to bring you before the court. To resolve the warrant, you must either appear in court voluntarily or risk being arrested. The court will then address the original issue and your failure to comply, which could lead to additional penalties.

How do I know if there is a warrant out for my arrest?

You can contact the court or law enforcement agency that issued the warrant to inquire about its status. Alternatively, you can consult with an experienced criminal defense attorney who can investigate the matter on your behalf and advise you on the best course of action.

What should I do if I find out there is a warrant for my arrest?

If you learn that there is a warrant for your arrest, it’s crucial to seek the help of a skilled criminal defense attorney as soon as possible. Your attorney can help you understand your options, negotiate with the court or prosecutors, and work to minimize any potential consequences.

Can I lift a warrant on my own, or do I need an attorney?

While it is possible to attempt to lift a warrant on your own, it is highly recommended to seek the assistance of an experienced attorney. The legal process can be complex, and an attorney can provide valuable guidance, advocate on your behalf, and work to protect your rights and freedom.

What are the consequences of ignoring a warrant?

Ignoring a warrant can lead to serious consequences, including additional criminal charges, higher fines, and longer jail sentences. If you are stopped by law enforcement with an active warrant, you can be arrested on the spot. It’s always best to address a warrant as soon as possible with the help of a knowledgeable attorney.

How long does a warrant remain active?

Warrants generally remain active until they are resolved or lifted by the court. There is no specific expiration date for warrants, which means they can remain in effect indefinitely until the underlying issue is addressed.

What factors does a court consider when deciding to lift a warrant?

When deciding whether to lift a warrant, courts typically consider factors such as the nature of the original offense, the reason for the warrant being issued, the individual’s criminal history, and any efforts made to resolve the warrant. An experienced attorney can present arguments on your behalf to persuade the court to lift the warrant.

How can the Law Offices of David S. Chesley help me with my warrant case?

The attorneys at the Law Offices of David S. Chesley have extensive experience handling a wide range of warrant cases. We can thoroughly review your case, explain your legal options, and develop a strategic plan to resolve the warrant. Our team will negotiate with the court and prosecutors, represent you in court proceedings, and fight tirelessly to lift the warrant and protect your freedom.

What sets the Law Offices of David S. Chesley apart from other law firms?

At the Law Offices of David S. Chesley, we are committed to providing aggressive, knowledgeable, and compassionate legal representation. With our in-depth understanding of California’s complex warrant laws and procedures, personalized attention for each client, and 24/7 availability, you can trust that your case is in capable hands. We have a proven track record of success and will fight tirelessly to achieve the best possible outcome for you.

Areas We Serve

Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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