The Ertz Law Group is committed to providing our clients with the best possible representation in all Felony Warrant Cases. Call (619) 840-4566 to discuss your warrant with an attorney TODAY.
San Diego Criminal Defense
Our Attorneys have defended 100s of San Diegans in Court against all kinds of Felony charges. Crimes of Violence including attempted murder, assault with a deadly weapon (ADW), witness intimidation domestic violence (DV), robbery, residential burglary, evading a police officer, vandalism and all strike offenses . White Collar Crimes including Embezzlement, gambling rings, Theft from Elder Adults, Identity theft, Credit/Debit card fraud. We are proud of some of the amazing case results * we have obtained for our clients. Our defense is comprehensive and includes all facets of the case from Arraignment to Readiness Conference to Preliminary Hearing and beyond. A felony is an offense punishable by State Prison. The prosecutor is working on your case right now. Finding a competent defense team (Now!) is your top priority. Contact us today and begin defense of your freedom. (619) 840-4566
I. Felony Arrest Warrant Defined
An arrest warrant is an order signed by a Judge directing law enforcement to arrest a person and bring them before a court to answer a felony criminal charge or to explain a past failure to comply with another court order.
II. Felony Warrants in New Criminal Cases
After reviewing a police report a making a decision to file formal charges in Court, the San Diego District Attorney has 2 options to inform the defendant. For non-violent crimes and for less dangerous suspects the District Attorney may send a notify letter to the last known address of the accused. The police in conjunction with the District Attorney may also request that a Court issue an arrest warrant for a person charged in a new criminal complaint. ( CA Pen Code § 813)
III. Felony Warrants in Probation Cases or Failure to Appear
a. Probation Violation. If the Court on its own motion, the District Attorney or the Probation Officer determines that a person on probation has violated the terms of that probation the Court must consider the basis for the probation violation. (CA Pen Code §1203.2(b) ) The Court may then issue a bench warrant for a defendant to compel their presence at a Probation Revocation Hearing. A common basis for such a revocation is the probationer’s failure to complete public work service, a DUI Class or to comply with the rules of probation.
b. Failure to Appear. Defendants in criminal cases who are not held in custody make promises throughout the case to return to court on a certain date at a certain time. Barring a specific waiver (under CA Pen Code § 977(2)) a defendant must be present at all proceedings on their felony case. If a Defendant does not appear at a hearing a Judge must issue a bench warrant in order to maintain jurisdiction over the case. (CA Pen Code § 978.5). A felony arrest warrant for failure to appear has the same force as any other felony arrest warrant.
IV. Maintaining Your Freedom in a Felony Warrant Case
When a police officer other member of law enforcement encounters a person with a warrant they must take them into custody. (CA Pen Code § 816). Generally, that means that the fugitive is taken to jail where they must wait until (1) Bail for their release is posted or (2) their day in court (generally within 3 Court Days.). Going into custody ruins everything . A defendant’s job, family and home life can be put on indefinite hold while they are incarcerated. At the Ertz Law Group we have proven tactics to delay or even eliminate the need for an accused to go to jail while resolving their warrant issues with the court. Our initial consultations contain an in-depth discussion about the circumstances leading to the arrest warrant. Talking to an attorney is the first step to resolving your warrant without going to jail.*
Do police actually pursue people with outstanding felony warrants?
Yes.The San Diego County Sheriff’s office is generally responsible for the pursuit and arrest of persons with outstanding felony arrest warrants. In general, these warrants are enforced after discovery during law enforcement contacts for other offenses (e.g. traffic tickets). However, the San Diego Sheriff’s office does have warrant enforcement teams that actively pursue people with outstanding warrants. Click on the links below to read about the San Diego Sheriff’s Office’s Warrant Team’s most recent enforcement sweeps*