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Arrest Warrant Attorneys

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In California, an arrest warrant is generally issued when a judge has sufficient evidence to file a formal charge against a person. This applies to both major crimes (felonies) and minor crimes (misdemeanors), and even in federal cases.

Despite the issuance of the warrant, the accused must be found guilty of committing the crimes mentioned in the accusation. This formal charge authorizes various public service agencies, such as the police, the sheriff, or any other agency, to proceed with the arrest.

An arrest warrant allows law enforcement agencies to detain a person if there is reasonable suspicion that illegal activity has occurred. This warrant is a crucial legal tool to ensure justice, always following due legal process.

Judges Issue Arrest Warrants Based On:

Evidence presented by a law enforcement officer and/or a city or district attorney where the crime occurred.
A formal indictment issued by a grand jury.

This process ensures that arrest warrants are issued only when there is enough evidence to justify a person’s detention, thereby protecting citizens’ rights.

Do You Have an Arrest Warrant?

Steps to Take if You Have an Arrest Warrant in California:

If you think or believe there is an arrest warrant against you in the state of California, here are some basic steps to resolve this situation in the best way possible.

STEP #1: HIRE A CRIMINAL DEFENSE ATTORNEY

Your first step, before trying to handle your legal problem alone or speaking or giving explanations to the police, immigration authorities, child department investigators, or any other authority (which we do not recommend), is to establish contact with a criminal defense attorney in your jurisdiction — that is, in your community, city, or near where the criminal process is taking place.

Immediately after learning that there may be a pending case against you, schedule a meeting with a local criminal defense attorney.

An attorney experienced in arrest warrants and criminal defense can speak or establish contact for you with the court or police department, preserving your constitutional rights to remain silent, not incriminate yourself, and to have an attorney represent you.

They can advise you on what to do, be present during your arrest if it happens and during police interrogations, and attend all court hearings, accompanying you step by step throughout the process.

An attorney with experience in criminal defense can also build a solid defense so that charges are dismissed or reduced to a less serious offense with lighter penalties.

Example:
Juan suspected he had an active arrest warrant for a minor incident. He immediately contacted a local criminal defense attorney. The attorney evaluated his case, contacted authorities on his behalf, and advised him on next steps. Thanks to the attorney’s intervention, Juan was able to face the judicial process with a solid defense, resulting in reduced charges.

STEP #2: CONTACT A BAIL BOND COMPANY

After consulting with and implementing a plan of action with your trusted local attorney, it is advisable to contact a bail bond company that can help you arrange bail if it is an option in your case.

Remember, this is done only if there is no other alternative to avoid detention or arrest. Many times, the court allows us to appear before a judge with the client to request a bail reduction. This is possible when the person can show family ties, stable employment, active community membership, and no flight risk.

Making arrangements with a bail bond company before being arrested can shorten the time you must remain in county jail, allowing you to fight your case from outside rather than from jail.

A bail bondsman can provide the funds needed to pay bail, allowing you to get out of jail while awaiting your trial. Consulting with your criminal attorney about the bail bond company can be beneficial, as clients often get discounts when represented by an attorney. This ensures you work with a reliable professional.

STEP #3: TURN YOURSELF IN TO THE AUTHORITIES OR THE COURT

The next step would be to turn yourself in to a police department or the sheriff’s office. In many cases, our attorneys do this in court after a hearing to cancel the arrest or apprehension warrant, and many times clients are released on their own recognizance with a promise to appear in court.

Voluntarily appearing before the court demonstrates good faith in resolving the problem in the best possible way.

Usually, when we handle these processes, our attorneys go with the client to court with prior arrangements. Often we request the court to reduce the bail amount and, at the same time, a bail bondsman is present at the hearing to present the bail certificate. This allows our client to be released under bail terms.

It is important for the person to turn themselves in and cooperate with the police during the booking process. It is crucial to do this in the correct jurisdiction to avoid unnecessary time detained before bail is set. Your attorney and bail agent can recommend the best times of day to turn yourself in to increase the likelihood of being released faster.

STEP #4: DO NOT MAKE STATEMENTS TO THE POLICE

Remember that one of the most important rights you have in the United States is the right to remain silent. This is your constitutional right regardless of your immigration status. You have the constitutional right to remain silent without making any comment in your defense, as everything you say or do will be used against you, even if you think you are not admitting guilt.;

REMEMBER: While in police custody or detention, do not under any circumstances make any verbal or written statement to officers. You have the right to remain silent and to have an attorney present at the time of questioning. An attorney must always be present when you are interrogated.

RECOMMENDATIONS AT THE TIME OF DETENTION OR ARREST:

Mantén el Silencio

Keep Silent: Do not make any statements or talk about your case with anyone in your cell or with other inmates. These statements can be used against you.

Be Careful What You Say on the Phone: Be cautious about what you say when using a phone at the police station or jail, as your conversation may be recorded. Many times, conversations our clients have had with family and others have been used against them, adding new charges because they admitted or spoke about the case.

Determinations We Can Make If There Is an Arrest Warrant: We can work to remove it and proceed with the case.

Bail Amount:

In many cases, we can get the bail amount reduced.

Dismissal of Criminal Charges:

In some cases, we can dismiss the criminal charges and take you directly to court to resolve the arrest warrant without you having to spend time in jail.

Example:
Maria was arrested and, without realizing it, spoke about her case with other inmates and during phone calls. Her statements were used against her to add new charges. By contacting her attorney, they were able to work on reducing the bail and resolve the arrest warrant, allowing her to face the judicial process outside jail.

Miranda Rights

What Are Miranda Rights?

Miranda Rights come from a U.S. Supreme Court case whose name derives from the case Miranda v. Arizona, which established the obligation of any police department to “read you your constitutional rights” after an arrest and before questioning you against yourself.

In this landmark case, the U.S. Supreme Court decided that Mr. Ernesto Miranda’s constitutional rights were violated during his arrest and the trial held against him for armed robbery, kidnapping, and rape.

What Do Miranda Rights Include?

The law requires that officers and any public authority detaining an individual on suspicion of violating the law explain their constitutional rights, known as Miranda Rights. This must be done after the arrest but before questioning or taking a formal statement while you are in police custody

Constitutional Rights:

Miranda Rights reaffirm the Fifth and Sixth Amendments of the U.S. Constitution, which protect all people regardless of immigration status. These rights include:

THE RIGHT NOT TO INCRIMINATE YOURSELF
THE RIGHT TO HAVE AN ATTORNEY

“MIRANDA RIGHTS WARNING”

After being arrested, the police officer or any other public service agency must give you a warning, known as the Miranda Warning, before asking you questions. This warning includes:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney. If you cannot afford an attorney, one will be provided to you. Do you understand the rights I have read to you? With these rights in mind, do you wish to speak with me?”

Police Obligation:

The police department is obligated to read you the Miranda Warning after detaining you and before questioning. If they do not read you this warning before asking questions, any evidence obtained in your conversations may be inadmissible in court.

Protection of the Fifth and Sixth Amendments:

The Fifth and Sixth Amendments of the U.S. Constitution protect me from being forced to make incriminating statements. If I am detained and not free to leave and I am interrogated, I must receive a Miranda Warning before questioning. If I choose to speak voluntarily with any police officer, any statement I make can be used against me in a criminal proceeding, even if I believe the statements are exculpatory.

Example 1:

Carlos was arrested for an alleged crime. During the arrest, the police did not read him his Miranda Rights before questioning. As a result, the statements Carlos made during the interrogation could not be used against him in court because due process was not followed.

Example 2:

Juan suspected he had an active arrest warrant for a minor incident. He contacted us and we performed a warrant search. We confirmed there was indeed a warrant and determined the bail amount. We were able to take Juan directly to court and resolve the matter without him being detained.

Frequently Asked Questions About Arrest Warrants

What is an arrest warrant?

An arrest warrant is a legal authorization issued by a judge that allows law enforcement or the police department to detain a person suspected of committing a crime.

When is an arrest warrant issued in California?

An arrest warrant is issued when a judge has sufficient evidence to file a formal charge against a person.

What types of crimes can lead to an arrest warrant?

Both major crimes (felonies) and minor crimes (misdemeanors) can lead to the issuance of an arrest warrant.

What happens after an arrest warrant is issued?

Different public service agencies, such as the police and the sheriff, are authorized to proceed with the arrest of the accused person.

What rights does a person have when arrested?

A person has the right to remain silent and to have an attorney present during any interrogation

What is the Miranda Warning?

The Miranda Warning is a statement the police must read to the arrested person, informing them of their constitutional rights before any interrogation.

What does the Miranda Warning include?

It includes the right to remain silent and the right to have an attorney.

What happens if the police do not read the Miranda Warning?

If the police do not read the Miranda Warning, any evidence obtained during interrogation may be inadmissible in court.

Why is it important to hire a criminal defense attorney?

A criminal defense attorney can provide legal advice, protect your rights, and build a strong defense for your case.

What can an attorney do for you if you have an arrest warrant?

An attorney can contact the authorities, negotiate bail, and represent you in court.

What is bail in a criminal process?

Bail is an amount of money paid to secure the release of a person arrested while awaiting trial

How can a bail bond company help you?

A bail bond company can provide the funds needed to pay bail and shorten the time you must remain in jail.

What happens if you voluntarily surrender to the court?

Voluntarily surrendering can show good faith and may help reduce the bail amount.

Should you make statements to the police without an attorney present?

No, it is advisable not to make any statement without an attorney present.

Should I make statements to the police without a lawyer present?

Contact a criminal defense attorney immediately to receive legal advice and assistance.

What type of evidence is needed to issue an arrest warrant?

Evidence presented by a law enforcement officer or prosecutor, or a formal indictment issued by a grand jury.

How can an attorney help reduce bail?

An attorney can present arguments in court demonstrating that the accused is not a flight risk and has community ties.

What should you do if the police try to question you without reading your Miranda Rights?

Tell the police you wish to remain silent until an attorney is present.

What to do if new charges are added after speaking with the police?

Inform your attorney immediately so they can take the appropriate steps.

How can an arrest warrant affect your life?

An arrest warrant can lead to detention, criminal charges, and possible legal consequences, so it is crucial to seek legal assistance immediately.

At Progresso Legal Group, we have been serving families for over 25 years, one family at a time. We are dedicated to protecting the rights of the less fortunate in criminal defense, deportation defense, immigration cases, and family law. We are located in the heart of Los Angeles, near the courts, to serve families, including those who are not citizens and do not understand the laws in the United States.

Our commitment is both legal and moral: to serve one family at a time as if it were our own family.

If you have a legal process in Los Angeles, California, believe there is an arrest warrant, your Miranda Rights have been violated, you were interrogated without your authorization, or you are arrested and need criminal defense attorneys in Los Angeles, call us. We are here to serve you and represent you in the best possible way. Act now! Call us and protect your rights and your family’s rights.

If you have an arrest warrant or need a criminal defense attorney in Los Angeles, do not hesitate to contact us. Our experienced attorneys are here to help you face your legal situation with a strong and effective defense. If you or a loved one has been charged with any felony, misdemeanor, or has an arrest warrant, let us help you. We are located in Los Angeles, California. We will be happy to help you resolve your criminal situation.

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

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