An arrest warrant is usually a printed form filled in by a judge or magistrate directing any peace officer to arrest a particular individual and bring him or her before the judge. Once a person is arrested, he or she must be taken before the judge without unnecessary delay within 48 hours after the arrest. It is important to keep in mind, however, that the time prescribed by the law to bring a person to a court does not include Sundays and holidays. Saturday is a court holiday in California, so it is practically possible for a person who is arrested on Thursday night to be brought to court only on the following Monday afternoon for his or her arraignment.
A bench warrant, on the other hand, is a document issued by a judge directing any peace officer to bring to court a person or a witness who fails to appear when previously instructed to do so by the court. This type of a warrant is sometimes called “body attachment.” Bench warrants for nonappearing subpoenaed witnesses may only be issued when the subpoena was personally served on such a witness. The court will not issue a bench warrant for a witness who was only served with a subpoena in mail. At the same time, when an individual, who is charged with a misdemeanor and is represented by counsel, fails to appear in court when directed to do so by the trial judge, his or her attorney may be permitted to schedule a new date for a next court appearance.
Call an Experienced Criminal Defense Attorney
If there is a warrant out for your arrest, you need to speak with an experienced criminal defense attorney right away. At Wallin & Klarich, our attorneys have been successfully helping our clients who have a warrant out in their name for over 30 years. We can help you obtain the best possible result in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.