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 over 18 years. Mr. Fell has been twice featured as a Top Attorney in Orange County by OC Metro Magazine in 2011 and 2012. With his years of experience as an OC Prosecutor, Mr. Fell has the inside edge in negotiating criminal cases with his former office. He has been practicing in Orange County for over 23 years, has handled thousands of criminal cases and offers FREE consultations. He is also an avid victim rights attorney and has handled many high profile "Marsy's Law" cases throughout California.
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.
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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
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.
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.
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