San Diego Warrants Attorney
Warrants never expire and tend to rear their ugly heads at the worst possible time—such as on a first date, or during family holiday celebrations. Criminal Defense Attorney Jay S. Finnecy can help you clear a warrant BEFORE you find yourself arrested and booked into jail wondering what to do next.
Bench Warrants. Bench warrants are issued by a judge (i.e. from the bench) typically upon a defendant’s failure to appear (FTA) in court or upon an allegation that the defendant violated probation. Failing to appear on a scheduled court date will usually result in a bench warrant. Probation violations are commonly alleged when a person fails to complete court-ordered requirements, fails to appear for a probation appointment, or fails to submit proof of completing a court-ordered class or program.
If you have a bench warrant, contact The Office of Jay S. Finnecy immediately for a free consultation. Criminal Defense Attorney Jay S. Finnecy may be able to appear in court on your behalf to recall the warrant BEFORE you are arrested on the warrant.
Arrest Warrants. Arrest warrants are also issued by a judge upon application by a police detective (Ramey Warrant) or the District Attorney’s Office upon the filing of a felony complaint alleging a new criminal offense. Arrest warrants are usually handled with more urgency than bench warrants. If you are the subject of an arrest warrant, it is imperative that you contact The Law Office of Jay S. Finnecy without delay. Criminal Defense Attorney Jay S. Finnecy will contact the police and/or District Attorney’s Office on your behalf and arrange a peaceful surrender on the warrant—preventing the embarrassment of being arrested in public or at your place of employment.
The California Penal Code governs arrest warrants. Section 817(a)(1) provides: “When a declaration of probable cause is made by a peace officer of this state, in accordance with subdivision (b) or (c), the magistrate, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant of probable cause for the arrest of the defendant.”
Penal Code section 817(b) provides: The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing. Penal Code section 817(c) allows the magistrate to take an oral statement (from a peace officer), under oath, under certain circumstances.
If you are the subject of either a bench warrant or an arrest warrant, contact The Office of Jay S. Finnecy immediately for a free consultation and case evaluation.
619-855-3003 or 760-522-7006.