Warrants Do Not
Contrary to a common misconception, once issued, a warrant will never go away by virtue of a passage of time or otherwise. In fact, it is permanent and valid unless and until a court recalls and vacates the warrant. Often individuals are under the mistaken belief that a warrant dating back to decades prior is somehow dormant or inactive. This is far from the truth and a costly assumption.
Warrants are issued and vacated only by the court.
If you have a bench or arrest warrant, it is crucial that you contact the Law Office of Sara Azari immediately for representation, not only to vacate the warrant, but defend against any charges or violations associated with it.
An active warrant is a risky and stressful matter causing an individual to be in constant fear of being arrested. Warrants may be issued for a variety of reasons. The most common warrants are bench warrants and arrest warrants. A bench warrant is often issued for a failure to appear in court or other violation of court orders, which could include failing to pay a fine or a failure to comply with orders of the court. An arrest warrant is often issued by the court when law enforcement has shown probable cause to believe that an individual has committed a crime. Both are serious and could result in immediate arrest at any time in any place. This could not only cause humiliation if the arrest occurs in a workplace or before friends and family, but it may also result in having to face criminal charges and a hefty bail.
In some instances, individuals may learn that unbeknownst to them, there is a felony or misdemeanor warrant issued and active for their arrest. This usually occurs when an individual has relocated to an address unknown to law enforcement in which case the inability to arrest the individual leads to the delivery of a summons to appear to the individual’s last known address. As the individual is not in receipt of such notification, he/she fails to appear in court as summoned and in turn a warrant is issued for his/her arrest.
Felony and misdemeanor warrants are also issued once the charges are filed and the court has a declaration of probable cause that the individual to be arrested has committed the crime(s) in the charging document.
Bench Warrants may be issued for the following common reasons:
Failing to appear in court for a scheduled hearing
Failure to appear for a traffic citation
Failure to pay court-ordered fees, fines, or support payments
Failure to complete court-ordered programs such as domestic violence classes, anger management classes, DUI or drug program sessions, psychological counseling and/or drug treatment
Failing to appear in court for sentencing after a guilty plea or verdict
Felony crimes may range from murder, attempted murder, manslaughter, robbery, assault with a deadly weapon and sexual related crimes to non-violent offenses such as drug possession crimes. If arrested on a felony warrant, the accused will likely have to post bond according to a bail schedule and in an amount ordered by the court. If, on the other hand, the individual is represented by an experienced criminal defense attorney such as Ms. Azari, she is likely to qualify for release on his/her own recognizance (requiring no posting or payment of bond) depending on the nature of the offense and allegations.
While less serious than a felony offense, misdemeanor crimes are nonetheless violations of the law. Typical misdemeanor offenses may range from domestic violence, assault and battery, and DUI to possession of marijuana, shoplifting, petty theft, and reckless driving. In California, many offenses are "wobblers," meaning they can be charged as a misdemeanor or felony, depending on the circumstances of the crime. If arrested on a misdemeanor warrant, the accused may be required to post the bail amount associated with the offense pursuant to the court’s order. If, on the other hand, the individual is represented by an experienced criminal defense attorney such as Ms. Azari, he/she is likely to qualify for release on his/her own recognizance (requiring no posting or payment of bond) depending on the nature of the offense and allegations.
Probation Violation Warrant
When an individual is placed on probation, the court will order that they complete certain terms and conditions of probation during a set period of time. A failure to comply with such terms on or before the due dates ordered is deemed a probation violation. An arrest on a new charge also leads to the allegations of probation violation. Once accused of violating probation, a warrant may be issued for the probationer’s arrest.
Common examples of probation violations include:
Failure to report to a probation officer
Failing to appear for a court hearing as scheduled
Testing dirty on a drug or alcohol screening test
Failure to attend counseling classes as ordered by the court
Failure to pay court-ordered fines
Associating with known criminals against a court order
An arrest for a new and unrelated crime
If you or a loved one are accused of a violation of probation, contact the Law Office of Sara Azari for an immediate consultation with Ms. Azari. In such instances, Ms. Azari has successfully sought the release of her client on an OR basis (no bail posted) or reduced the bail amount.