Posted on March 11, 2017
5 Important Things about Warrant Recall in Orange County
Warrants can be issued without you realizing it. Warrants can be issued in felony, misdemeanor, and even traffic infraction cases. Ordinarily, a warrant is unfortunately discovered once you encounter law enforcement, traveling, or applying for employment. This article will address five important things you need to understand about recalling a warrant in Orange County Superior Court.
How are Warrants Issued?
Warrants can only be issued by a judge or magistrate. Contrary to popular belief, law enforcement cannot issue a warrant but can only petition to obtain a warrant. There are three types of warrants: search warrants, arrest warrants, and bench warrants. Search warrants are issued by a judge after law enforcement petitions to search your property. The warrant must be supported with probable cause. An arrest warrant is also issued by a judge that allows law enforcement to immediately arrest you after charges have been filed. A bench warrant is issued by the court if you fail to appear in court.
Can I Travel with an Outstanding Warrant?
Search warrants are not ordinarily made public; thus, someone is free to travel without suffering an arrest. However, once an arrest or bench warrant is issued, the clerk of the court transmits the order to the department of justice. Thereafter, all law enforcement systems will reveal the presence of a warrant. Consequently, you could be subjected to an arrest at airports or having any law enforcement contact.
How does a Warrant get Recalled and Quashed?
Once an arrest or bench warrant is issued, the warrant will remain in place indefinitely, until it is recalled and quashed by a judge. The passage of time will never remove or clear the outstanding warrant. A warrant is issued for your presence in court. Therefore, to recall and quash the warrant, your presence in court is mandatory. However, certain judges will allow a bench warrant attorney to appear and recall the warrant without the presence of their clients in certain misdemeanor cases. Once an appear is made, the judge will immediately quash the outstanding warrant because an order for your appearance is no longer required. The court clerks then updates the system and transmits the warrant recall to the department of justice.
Do I have to Attend Court?
In any felony case with an outstanding warrant, you must physically attend court in order to clear the warrant. In certain misdemeanor cases, your attorney may be able to appear on your behalf. In more serious misdemeanor cases, the judges will require your personal appearance. In any infraction offense or traffic offense, an attorney can appear on your behalf and recall the warrant.
How long is the Process?
Once the judge recalls the warrant, the clerk will transmit the order to the department of justice. The judge will recall the warrant once the case is called. Ordinarily, it takes a few hours or up to one day for the warrant to be out of the system.
Contact Us to Speak with an Orange County Warrant Attorney
If you have an outstanding warrant, then there is no question that you need to have it recalled and quashed. Contact the Law Offices of John D. Rogers to speak with an experienced Orange County criminal defense attorney for a free case evaluation.