A warrant, a formal document from a judge or magistrate, grants law enforcement the authority to carry out a specific action. In California, if a warrant is issued against you, it can lead to arrest, a search of your property, or other serious legal consequences.
These effects can include the creation of a criminal record, challenges in finding employment, travel restrictions, and higher penalties if you're convicted later.
By taking proactive steps and understanding the procedures, a knowledgeable California criminal defense attorney can petition the court to 'quash,' 'clear,' or 'recall' the warrant. This understanding gives you greater control over your legal circumstances.
The term "quash" refers to nullifying, voiding, or setting aside a legal order. Quashing a warrant involves legally invalidating it, thereby removing the authority it gives to law enforcement.
Quashing a warrant, especially bench or arrest warrants, can offer a sense of relief by preventing the embarrassment and inconvenience of an arrest and the associated arrest record. It serves as a significant step toward peace of mind in a challenging legal situation.
Key Warrant Highlights
- In California, various warrants—like arrest warrants, bench warrants, and search warrants-can be 'quashed.'
- Quashing a warrant depends on the motion's type and reason, like procedural defects, lack of probable cause, or improper notice.
- Arrest warrants can be revoked by submitting a motion to recall them, especially if they were issued erroneously.
- You can dismiss bench warrants by voluntarily going to court and filing a motion, especially if missing the court date was due to not receiving notice.
- You can challenge search warrants by filing a motion to quash if they do not have sufficient probable cause, contain false information in the affidavit, or exhibit other deficiencies.
- Your attorney can file a motion to quash the warrant in court.
- Attending court can allow a judge to cancel a bench warrant or failure to appear warrant and set a new court date.
- A motion can contest issues like the absence of probable cause or inaccuracies in the affidavit for search warrants.
Let's examine the main types of warrants in California that can be quashed and the steps involved in doing so.
What are Bench Warrants?
A bench warrant is a type of warrant issued directly by a judge from "the bench." It is typically issued when someone fails to comply with a court order, such as failing to appear for a scheduled hearing.
They can also be issued for reasons such as unpaid fines, failure to complete court-mandated classes, or violating probation conditions.
To cancel a bench warrant, an attorney files a motion to quash and arranges a court hearing to address the matter. At the hearing, the attorney will appear before the judge on your behalf if the offense is a misdemeanor, though you may need to appear in person for felony cases.
The main objective is to present a valid reason for not appearing or complying with the court order. Such reasons could include not receiving notice of the court date, a medical emergency, or involvement in a car accident en route to court. If the judge finds the explanation reasonable, they may recall and quash the warrant, allowing the case to proceed.
What are Arrest Warrants?
A judge issues an arrest warrant upon receiving a sworn statement from law enforcement, showing probable cause that a particular person has committed a crime.
Unlike a bench warrant, which is issued in response to a court violation, an arrest warrant is proactive and initiated by law enforcement during a criminal investigation before formal charges are filed. It authorizes police to locate and arrest the individual named in the warrant.
Quashing an arrest warrant is more complicated than quashing a bench warrant because it questions the underlying probable cause for the arrest.
An attorney can file a motion to quash by arguing that the affidavit provided by law enforcement to the judge contained inadequate, false, or illegally obtained information.
If it can be shown that the warrant was issued without sufficient probable cause, a judge may quash it. Additionally, an attorney might arrange for you to surrender to the court voluntarily. This proactive approach can sometimes lead to the warrant being recalled, and bail being set at a lower amount or your release being granted on your own recognizance.
What are Search Warrants?
A search warrant is a court order that allows law enforcement to search a specific location, such as a home or vehicle, for evidence of a crime.
To obtain a warrant, officers must submit an affidavit to a judge, demonstrating probable cause to believe that evidence related to criminal activity will be found at that location. The warrant must specify exactly where to search and what items can be seized.
Challenging a search warrant typically occurs after the search, through a motion to "quash and traverse" the warrant (also known as a "Franks motion"), which argues that the affidavit used to obtain the warrant contained false or misleading information made with "reckless disregard for the truth."
If the attorney presents sufficient evidence during the hearing, the court may revoke the warrant, and any evidence collected during the search can be excluded from trial.
What are the Reasons for Quashing a Warrant?
The defense can file a motion to invalidate a warrant, claiming it was legally defective. Common grounds for this include:
- Lack of probable cause: The affidavit backing the warrant either does not include specific facts or is founded on false or missing information.
- Material falsehoods: A warrant can be challenged if it was issued based on intentionally false information or deliberately omitted details. In California, such cases may result in a special evidentiary hearing known as a Franks hearing.
- Procedural errors: A warrant may be invalid if a judge makes a mistake when issuing it, such as showing bias or relying on outdated information.
- Overly Broad: Warrants permitting overly broad or general searches, which violate the Fourth Amendment's requirement for specificity, can be invalidated.
If you find out there's a bench warrant or arrest warrant for you, your instinct might be to surrender immediately. However, it's crucial to first speak with your attorney.
A skilled California criminal defense lawyer at the Hedding Law Firm can often take action before you turn yourself in, such as filing a motion to quash the warrant. Acting early like this is not just important, it's often the key to avoiding formal arrest or detention, giving you the opportunity to resolve the legal matter in court without the complication of jail time.
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