Warrants

Asked 4 months ago - Costa Mesa, CA

Do warrants only come after a prosecutor decides he wants to press charges?

Attorney answers (6)

  1. Matthew Murillo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . No. You have arrest warrants and you have search warrants. Neither of which requires that any case be filed by the DA first, although, sometimes that does happen when someone violates probation or fails to appear in court as ordered.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  2. Michael Laurence Fell

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . There are several ways warrants may appear: if the DA files charges (predominantly for felonies); upon a Ramey warrant being issued; not showing up for court; not complying with probation, etc. Probably a good idea to contact an attorney -- most lawyers here on Avvo offer free consultations.

    Michael Fell is a former Orange County Senior Deputy District Attorney where he prosecuted Orange County cases for... more
  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on what the warranties for and who is seeking it. It could be police for a search warrant ; arrest warrant by DA, etc. get an attorney if you suspect this .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  4. Maltaise E Cini

    Contributor Level 17

    3

    Lawyers agree

    Answered . There are many ways that a warrant can be issued. A warrant may be issued before your first appearance in court or after the case has been filed and one either fails to appear, or violates a term of probation. Depending on what the warrant is for will determine what bail is set at. In Orange County if the warrant is because of a felony probation violation there will be no bail set on those matters. Do yourself a favor and have the warrant taken care of. Judges tend to be more forgiving when you come in on the warrant vs getting picked up and being brought in in custody. That said you do want to have representation.

  5. Karren Melinda Kenney

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . An arrest warrant can show up after a new crime is allegedly committed (and not as a result of a probation violation), in a couple different ways. If its a misdemeanor, the person may have failed to appear at the initial court date that was provided when he or she was arrested or cited on the day the alleged crime occurred. Also, if the person did go to court, and charges weren't filed yet, the District Attorney's office should've sent an appearance letter with the actual new arraignment date. If the person never received the letter, and failed to show, a warrant could've been issued.

    If the case involves felony conduct, a different situation may apply. For example, in a white collar crime investigation, the District Attorney's office takes many months to investigate after a police report is generated. Once the District Attorney's office decides to file charges, they can file the case and immediately request an arrest warrant, so the filing of the charges and the arrest warrant are simultaneous.

    To check the status of warrants in Orange County, click on the link below concerning arrest warrants. If you do have a warrant out for your arrest, you really need to consult with an attorney as soon as possible.

  6. Dan Eugene Chambers

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not necessarily. There are several different types of warrants. Contact an attorney and get some input. Many of us on Avvo provide a free consultation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,938 answers this week

3,182 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,938 answers this week

3,182 attorneys answering