What To Do if You Have an Arrest Warrant in California
When prosecutors file criminal charges against someone not already in custody, they take the case to a judge to issue a California arrest warrant. This authorizes the police to apprehend the defendant and detain him/her until arraignment or, if bail is authorized, until bail is posted.
If you are aware of having a warrant for your arrest, usually the worst thing you can do is hide out and become a fugitive. In all likelihood, the police will find you and arrest you eventually. If you go “on the lam” for some period of time, this can make things worse once you do ultimately get arrested.
A California criminal defense lawyer can often escort you directly to court and ask that you be arraigned immediately. This means you enter a plea (usually “not guilty”), a further court date is set, and the judge decides what to do about bail.
Depending on the circumstances, the judge may increase or lower bail, or grant an “O.R. release”—which means not charging you bail at all, but releasing you instead just on your promise to return to court. At the arraignment, your lawyer can present evidence and make arguments as to why bail should be lowered or an “O.R. release” should be granted. The judge will decide this based on:
- the seriousness of the charges,
- the danger, if any, you pose to the community, and
- whether you are a flight risk.
In most cases, your chances of getting a bail reduction or an O.R. release are much better if you come to court directly on the warrant, rather than waiting for the police to arrest you. Some judges tend to say, “If you walk in, you walk out.” But consult with a lawyer and act on the arrest warrant quickly. The longer you wait, the worse things can become.
