Domestic Violence Warrant
A Domestic Violence Arrest Warrant are issued by courts when a person is being charged with any kind of domestic violence offenses but has not been arrested. It is an order from the court to any police officer to take the person into custody. The charge that accompanies these are 243e1 and 273.5.
Usually when Domestic Violence happens the police are able to come out, take statements, then make determination to arrest or not. However, in a about a quarter of the cases there will be one party who takes off and who will not be there when the police come by to gather facts. If this is the case and the police only takes the facts from one side then they will push the case forward which ultimately results in a domestic violence arrest warrant.
When Do Police Officers Issue Arrest Warrant in Domestic Violence Cases?
Police do not issue Domestic Violence Arrest Warrants in every case. They issue Arrest Warrants when they are not able to find the accused. There may be a number of reasons why they are not able to find the accused. Flight, fear of being arrested, the accused may have been advised by counsel to stay away until the warrant comes.
If you are accused of domestic violence and have a warrant then you should stay away from the police until you resolve the warrant. You may want to give your side of the story to explain the physical injury that the officer included in his police report but the time for that has passed. It’s important that the warrant is handled the right way by bringing an experienced attorney and a bail bondsman on board.
The Police Showed Up but I Left | Wasn’t There – A Criminal Defense Attorney’s Perspective
In many Domestic Violence cases either party will choose to leave to Get Some Space or avoid Arrest. Many of my clients will leave a violent situation because they need to cool off or get some space. Many of my clients leave a fight or argument because they under the assumption that that police will arrest them because of a mandatory arrest law when there is a domestic violence. Some clients leave a situation because they know they have done something wrong and don’t want to be arrested or they can be on probation and are concerned about the probation violation.
If the victim gives gives facts to the officer that you hit them and indicates that you’re dangerous then the officer will work with those facts and arrive at the belief that you are dangerous. As a result a warrant will likely be issued and bail will be required. The bail is either 25000 or 50000 depending on whether there is injury involved.
If the crime is for a misdemeanor your chances are much higher the Orange County District Attorney will send you a letter letting you know that charges will eb filed. When the officers leave they will write a report prosecutors can still file charges, and you may receive an arraignment date.
You must appear at an arraignment because the court will want to address the protective order. Failure to appear at arraignment is almost always a Domestic Violence Arrest Warrant unless you have an attorney. If your attorney appeared without you then it is almost certain that the court will order you to appear at the next hearing (within days or a week) to address the protective order.
There are also defenses related evidential issues to consider in a domestic violence case and related protective order to consider when dealing with types of cases. A experienced defense attorney will be able to weave the facts together and highlight the holes in the investigation.
Importance of Not Speaking to the Police Without a Lawyer Present
It’s important not to say anything to the police when you are accused and have a Domestic Violence Arrest Warrant. A person, especially a suspect should never speak to the cops without their lawyer present. Detectives and police officers, are specially trained to extract incriminating statements; they ask questions in an interrogative manner that there is no way of answering them without making some sort or incriminating statement. You can even be innocent and end up with a false confession if you are not careful.
What If Police Contact Me With A Warrant For My Arrest?
Defending Your Connecticut Warrant Arrest –
Police Officers in California can get a warrant for your arrest if there is probable cause that you committed any crime.
Do I Have to Give a Statement to Police?
Police may ask you questions about what happened. You do not have to answer those questions. Even if you give a false statement to police, it could still be used against you. An experienced Connecticut defense lawyer can help you understand your rights and how to protect yourself.
How Long Does a Domestic Violence Arrest Warrant Last?
A Warrant for Domestic violence will last indefinitely. Arrests are usually made based on the victim’s word alone even without injuries. Once the court issues an arrest, the warrant stays active indefinitely. There are formalities that must follow before the judge will issue a warrant.
Lawyer for Domestic Violence Warrants in Orange County CA
Do you know or think that there is a warrant out for your arrest because of a domestic violence charge in Orange County? You can look up to see if you have a warrant at the orange county sheriff website. Alternatively you can call our office and we can look it up for you.
Hieu Vu is a criminal lawyer in California who defends clients across Southern California
Is There a Warrant For My Arrest?
An active warrant means that the person named in the warrant is wanted by law enforcement authorities. If you are arrested under this warrant, you must go before a judge who will set bail. If you fail to appear in court after being released on bail, you may be re-arrested and held until trial.
Have an Arrest Warrant? You Will Need an Attorney
Whether you are being accused of domestic violence against your spouse, or have an active warrant, you have the rights to representation. You may call the county clerk or jail or check th sheriffs website to find out if there is an active warrant under your name.
