Our office often receives phone calls from folks aware that “a warrant was issued” and they are anxious to know what do to next, as they fear police may execute it on them at any time. Our first reaction to such a question is to clarify what type of warrant (arrest, bench, search or complaint) is involved and second, how they became aware of the warrant.

We also verify that the caller is not describing a summons, which a prosecutor may send by mail to someone, ordering that person to appear in court on a certain date (and if the person does not appear, a bench warrant may issue). A summons to appear is most commonly issued when the alleged crime does not involve violence or firearms such as a traffic violation, although a summons may still be issued when the crime at issues is a felony.

The next question that often is asked is whether a warrant expires at some point. The answer to this is no. However, if one is arrested on a warrant issued many years ago, the arrested person can ask the judge to dismiss the case based on his being deprived of his Sixth Amendment Constitutional Right to a speedy trial. The motion is commonly called a “Serna Motion” (People v. Serna (1985) 40 Cal.3d 239).

While asserting one’s constitutional rights to a speedy trial may seem like a sure winner, a Serna Motion is never a “slam dunk.” First of all, the right to a speedy trial only attaches when the crime at issue involves possible confinement in jail or prison. For example, an infraction does not involve jail time. Second, for one to win on a Serna Motion, one cannot be a fugitive, i.e. flee the state when the person knew a warrant had issued. Third, the motion must allege the prosecution failed to use reasonable diligence to find defendant, which means the prosecution, in opposing the motion, must demonstrate its efforts to find defendant.

When the warrant was issued fairly recently, it is good to know a little about the different types of warrants. An arrest warrant most often arises after a judge is persuaded by a prosecutor that a crime was committed and you are the perpetrator. The judge then issues an arrest warrant. An arrest warrant may also be issued after a grand jury indicts you. This process happens far less often, but it certainly can

The perpetrator’s address is not required on an arrest warrant. This allows the police to arrest you either at home or work. Once the warrant is issued, police must execute it “without delay” to make the arrest. Malone v. Carey (1936) 17 Cal.App.2d 505. Felony arrest warrants can be executed at any hour. Misdemeanor warrants, however, can only be executed between 6:00 a.m. and 10:00 p.m., except when the arrest is made in a public place or the judge issuing the warrant states other time limits (if any) on the warrant.

A bench warrant is a second common type of warrant. It is issued when defendant fails to appear in court, often when a ticket was issued with a promise to appear signed by defendant or when a summons was mailed to defendant and defendant did not appear in court.

A search warrant is distinguishable from an arrest or bench warrant in that a search warrant is issued to permit police to search a location or vehicle, but not for an arrest of a person.

When an arrest warrant or bench warrant is issued and the subject is aware of its pendency, it is a good idea to speak with a lawyer about contacting a bail bond company and tendering oneself to the police or to a court. Bail, however, is not allowed in certain situation, situations such as capital crimes, serious sex crimes and probation and parole violations.

Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

Author Bio: Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

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