How to Get a Warrant Lifted in California

Finding out you have a warrant can feel like there’s a target on your back, having you constantly looking over your shoulder. But having a warrant doesn’t automatically mean you’re headed to jail — especially if we can get ahead of it.

Whether it’s a bench warrant from a missed court date, an unpaid traffic ticket that spiraled out of control, or something more serious, there may be a way to address it without going on the run or turning yourself in to spend time behind bars.

Different Types of Warrants in California

If you have a warrant, you need to know what kind. California uses two types of warrants: bench warrants and arrest warrants.

Bench Warrants

The most common type, bench warrants, are issued by a judge when you fail to appear in court or violate a court order. Think of them as the judge’s way of saying, “We need to talk – now.” With a bench warrant, you could be arrested at any time, but often, addressing it with the court can resolve the issue without jail time.

Arrest Warrants

These are more serious. Issued when there’s probable cause to believe you’ve committed a crime, arrest warrants give law enforcement the green light to take you into custody. Arrest warrants can result from a number of situations, from something as simple as unpaid traffic tickets that have escalated and failure to comply with probation or child support payments to something as serious as your alleged involvement in a crime.

Extradition Warrants

Extradition warrants are arrest warrants that are issued when you’re accused of a crime in one state but located in another. They allow law enforcement to detain you and transfer you to the state where the alleged crime occurred. This process can involve lengthy legal proceedings and significant expenses, including transportation costs and legal fees in both states.

Steps to Get a Warrant Lifted in California

Dealing with a warrant in California, no matter the type, requires a clear plan of action. Here’s a step-by-step guide to help you navigate the process and clear your name.

1. Confirm the Warrant’s Existence: Make sure there’s actually a warrant out for you. You can check with the county court or sheriff’s office or use online databases.
2. Contact a Criminal Defense Lawyer: Once you’ve confirmed the warrant, your next step is to hire an experienced attorney. Your lawyer will guide you through the entire process, explain your options, and develop a strategy to address the warrant.
3. Appear in Court: Your attorney will arrange for your appearance in court. In some cases, they may be able to appear on your behalf, especially for minor offenses. This approach helps prevent unexpected arrests and shows the court you’re taking the matter seriously.
4. Presenting Your Case: Your lawyer will present your case to the judge, explaining any extenuating circumstances and providing necessary documentation. They’ll advocate on your behalf to seek the most favorable outcome possible.
5. Following Court Orders: Your attorney will clearly explain any court decisions and help you understand how to comply fully. They’ll guide you through paying fines, attending required appearances, or fulfilling other court-mandated obligations.

This is generally the process for addressing most bench warrants. However, the specific steps and strategies may vary depending on the type and severity of the warrant, as well as the underlying charges.

Every case is different, and at The Nieves Law Firm, our attorneys tailor their approach based on the specific circumstances of your warrant and legal situation.

Do You Have to Turn Yourself In for a Warrant?

For bench warrants, especially for minor offenses like missed court appearances or unpaid fines, you typically don’t need to “turn yourself in” in the traditional sense. Instead, your attorney may be able to arrange for you to appear in court to address the warrant without being taken into custody.

However, for more serious arrest warrants, like those involving felony charges, some form of surrender may be necessary. But this doesn’t mean you should walk into a police station unannounced. Your attorney can often negotiate the terms of your surrender.

In many cases, your lawyer may be able to:

• Arrange for a scheduled, voluntary surrender
• Negotiate release conditions in advance
• Prepare a bail application to minimize or avoid jail time
• Ensure your rights are protected throughout the process

The best course of action depends on the nature of the warrant and other factors. That’s why we always recommend consulting our lawyers before making any decisions about turning yourself in.

Can a Lawyer Stop a Search Warrant?

While a lawyer generally can’t “stop” a valid search warrant once it’s been issued, they can protect your rights during and after the search. At The Nieves Law Firm, we can review the warrant to ensure it’s properly issued and limited in scope.

If we find any irregularities, we can challenge the warrant’s validity or the manner in which it was executed. This might lead to evidence being suppressed if the search was conducted improperly.

How Much Does it Cost to Get a Warrant Lifted in California?

The answer, as with many legal matters, is: it depends. Court fees and fines can range from a few hundred to several thousand dollars, depending on the nature of the warrant and any underlying charges.

Additionally, legal representation isn’t cheap, but it’s often a worthwhile investment. Fees can vary widely based on your case and your attorney’s experience.

And if you’re taken into custody, you might need to post bail. In California, bail amounts can be substantial, often running into thousands of dollars.

Never Ignore a Warrant in California – Contact The Nieves Law Firm

Dealing with a warrant can be scary, and it might feel easier to just pretend it doesn’t exist. But trust us on this one – ignoring a warrant is never the answer. It won’t go away on its own, and it’ll only make things worse in the long run.

Let’s clear up some common misconceptions while we’re at it:

• “Warrants expire over time”: False. In California, warrants don’t have an expiration date.
• “Leaving the state will make the warrant go away”: Also false. In fact, it could make things worse.
• “Only serious crimes result in warrants”: Not true. Even minor offenses can lead to warrants if you fail to appear in court.

Instead of losing sleep over what might happen, why not take control of the situation? At The Nieves Law Firm, we’ve helped countless people just like you navigate the California legal system. We know the ins and outs of dealing with warrants, and we’re ready to put that knowledge to work for you.

Don’t let another day go by with this hanging over your head. Contact us today. The sooner you address this, the more options you’ll have.