An arrest warrant under California Penal Code § 813 is a court order authorizing law enforcement to arrest a person accused of a crime.

For high-profile defendants, a properly coordinated voluntary surrender can often avoid a public arrest at a home, workplace, or public event, while allowing counsel to address bail, booking, and court-appearance logistics in advance.

For executives, entertainers, athletes, physicians, dentists, public officials, and other reputation-sensitive individuals, the manner in which an arrest occurs can be almost as consequential as the criminal allegations themselves.

A surprise arrest outside a business meeting, television studio, medical office, or family residence can generate media attention that colors the case regardless of its subsequent outcome.

In many cases, California law permits an orderly surrender process rather than an unexpected arrest.

When handled correctly, counsel can communicate with investigators, prosecutors, and the court to arrange a voluntary appearance and booking process that minimizes unnecessary publicity while protecting constitutional rights.

Eisner Gorin LLP can help you. Schedule your consultation by calling (818) 781-1570 or using the contact form.

What is California Penal Code § 813?

California Penal Code § 813 governs the issuance of arrest warrants after a criminal complaint has been filed. Once a judge determines there is sufficient legal basis for the complaint, the court may issue a warrant directing law enforcement to take the accused into custody.

An arrest warrant generally contains:

• The defendant's identifying information
• The alleged criminal offense
• The court issuing the warrant
• Instructions authorizing law enforcement to make the arrest
• Bail information, when applicable

Once issued, the warrant remains active until the individual is arrested, the court recalls the warrant, or the underlying case is otherwise resolved.

Quick Reference Summary: Penal Code § 813 Arrest Warrants

Typical Voluntary Surrender Timeline

Why Are High-Profile Defendants Often Concerned About Public Arrests?

A public arrest frequently creates consequences beyond the courtroom. Many high-profile individuals have concerns involving:

• Media coverage and public attention
• Damage to professional reputation
• Impact on business relationships
• Employment consequences
• Licensing concerns
• Family privacy
• Social media exposure

Even when allegations are later reduced, dismissed, or successfully defended, photographs of an arrest often remain permanently available online.

Because of this, attorneys commonly seek opportunities to arrange a controlled surrender before law enforcement attempts to execute the warrant publicly.

What is a Voluntary Surrender?

A voluntary surrender occurs when a defendant, accompanied or advised by counsel, presents themselves for booking after learning that a warrant has been issued or is imminent.

Rather than waiting for law enforcement officers to locate and arrest the individual, attorneys coordinate the surrender process in advance. A voluntary surrender isn't any indication or admission of guilt; it's just a modification to the typical arrest procedure.

Depending on the circumstances, a voluntary surrender may involve:

• Confirming the existence and status of the warrant
• Communicating with investigators or prosecutors
• Determining applicable bail conditions
• Arranging a specific surrender location
• Scheduling a court appearance
• Preparing necessary release documentation

California courts often view voluntary appearances favorably because they demonstrate cooperation with the judicial process. Getting off to a good start with a judge is always helpful.

Can an Attorney Always Arrange a Discreet Surrender Before an Arrest Occurs?

Not always, but in many situations, yes. When counsel learns that investigators have obtained or are seeking an arrest warrant, proactive intervention may create options that are unavailable after a public arrest takes place.

The process often includes discussions regarding:

• Timing of the surrender
• Appropriate booking facility
• Bail arrangements
• Medical concerns
• Security issues
• Travel considerations
• Media sensitivity

Not every agency will agree to every request. However, early communication often yields greater flexibility than waiting for officers to arrive unannounced.

This approach is particularly important in cases involving allegations that attract public attention, including white-collar investigations, fraud offenses, public corruption allegations, professional misconduct accusations, and high-profile felony investigations.

What Happens During the Surrender Process?

Although procedures vary by county and agency, a typical surrender process follows this trajectory.

Verification of the Warrant

Counsel first confirms:

• Whether a warrant exists
• The warrant number
• Bail amount
• Court assignment
• Applicable charges

In some situations, attorneys learn of a warrant before law enforcement has attempted service.

Advance Planning

Once warrant details are known, attorneys can evaluate:

• Bail options
• Release eligibility
• Court scheduling
• Travel restrictions
• Potential media exposure

Counsel can also work with the client to prepare them for surrender and detention from professional, personal, and logistical perspectives.

Booking

The defendant appears at the designated facility. Booking typically includes:

• Fingerprinting
• Photographing
• Identification verification
• Administrative processing

In Southern California, booking facilities may include the local police station, the Los Angeles County Inmate Reception Center, Twin Towers Correctional Facility, the Orange County Men's or Women's Jail, and more.

Where a defendant is booked will depend on which California jurisdiction controls the case.

Bail and Release

If bail applies, arrangements can often be completed quickly when preparation is done in advance. While defendants will still go through the booking process, they will generally be released the same day.

Court Appearance

The defendant appears before the court as required, often with legal arguments already prepared regarding release conditions and future proceedings.

What Types of Cases Commonly Involve Coordinated Surrenders?

Voluntary surrenders frequently arise in investigations involving:

• Insurance fraud
• Healthcare fraud
• Embezzlement
• Identity theft
• Grand theft
• Public corruption
• Financial crimes
• Professional licensing investigations
• High-profile domestic violence allegations
• Certain sex crime investigations

In these cases, protecting a client's reputation while preparing a substantive defense often becomes an immediate priority.

How Do Arrest Warrants Differ from Ramey Warrants?

Many California defendants hear the term "Ramey warrant" and assume it is the same as a standard arrest warrant.

A Ramey warrant is generally issued before formal charges are filed. It allows law enforcement to make an arrest based on probable cause before the prosecutor files a criminal complaint.

By contrast, warrants issued under Penal Code § 813 generally arise after a complaint has already been filed with the court. This distinction between the two can affect:

• Timing of arrest
• Access to case information
• Pre-filing negotiations
• Surrender strategies
• Bail planning

Understanding which type of warrant exists is often one of the first steps in developing an appropriate response. Qualified counsel can walk you through your legal options based on the type of warrant.

What Mistakes Should Be Avoided After Learning About a Warrant?

Several common mistakes can make a difficult situation significantly worse. These include:

• Ignoring the warrant
• Attempting to evade law enforcement
• Discussing the case with investigators without counsel
• Posting about the allegations online
• Traveling internationally without legal guidance
• Destroying records or evidence
• Making public statements before understanding the evidence

In some situations, attempts to avoid arrest can lead to additional allegations of obstruction of justice. A measured, organized response generally provides more options than a reactive one.

Related California Crimes and Warrant-Related Offenses

Failure to Appear – Penal Code § 1320

A defendant who willfully fails to appear in court after being released on their own recognizance may face additional criminal charges, separate from the underlying case.

Failure to Appear After Posting Bail – Penal Code § 1320.5

When someone on bail intentionally misses court in a felony case, prosecutors can pursue separate felony failure-to-appear charges with extra penalties.

Obstruction or Resisting an Officer – Penal Code § 148(a)(1)

Resisting, delaying, or obstructing law enforcement officers executing a lawful arrest warrant can lead to misdemeanor charges under Penal Code § 148.

Bail Jumping – Penal Code §§ 1305 and 1320–1320.5

Individuals who breach release conditions or deliberately skip court appearances may face bail forfeiture and additional criminal charges related to evading prosecution.

Accessory After the Fact – Penal Code § 32

Friends, family members, or associates who knowingly assist someone in avoiding arrest, hiding their location, or escaping prosecution can be charged with acting as an accessory after a felony.

Why These Related Charges Matter

In many situations, the criminal charges behind an arrest warrant are not the only issue. Actions taken after discovering a warrant—like skipping court dates, evading law enforcement, or hiding evidence—can result in additional charges and complicate the defense.

 Acting quickly and systematically by voluntarily surrendering can help prevent further legal problems and maintain the opportunity to contest the initial claims.

Frequently Asked Questions (FAQs)

Can I arrange a voluntary surrender if I learn there is an arrest warrant for me?

Yes, in many cases. An attorney can verify the warrant, communicate with the investigating agency, facilitate the surrender process, handle bail concerns, and help prevent an unexpected public arrest.

Does a voluntary surrender mean I am admitting guilt?

No. A voluntary surrender is just an alternative to being unexpectedly arrested. It doesn't mean you admit guilt, waive legal defenses, or stop you from challenging the allegations in court.

Can a voluntary surrender help reduce media attention?

Potentially, yes. Coordinating the timing, location, and logistics of a surrender can help prevent arrests at homes, workplaces, public appearances, or other settings where unwarranted publicity might happen.

Will I still have to go through the booking process?

Generally, yes. Even when a surrender is arranged beforehand, defendants usually go through fingerprinting, photographing, identification checks, and other administrative booking steps before being released or appearing in court.

What should I avoid doing after learning about an arrest warrant?

You should not ignore the warrant, try to evade law enforcement, discuss the case with investigators without legal counsel, post about the allegations on social media, destroy records, or travel without first seeking legal advice. A proactive and organized approach usually offers the most flexibility and protection.

Hypothetical Case Study: Coordinating a Surrender for a Television Personality

A well-known television personality learns through professional contacts that investigators have obtained a felony warrant related to an alleged financial misconduct investigation.

The individual is scheduled to appear at a nationally televised event within forty-eight hours. News of an arrest at the event would likely generate widespread media coverage.

Eisner Gorin LLP immediately confirms the warrant's existence, reviews bail information, and begins communications with the investigating agency.

Rather than allowing officers to execute the warrant publicly, our attorneys negotiate a controlled surrender at a designated booking facility after the scheduled televised event.

Bail arrangements are completed, transportation logistics are coordinated, and court scheduling issues are addressed. The client is booked, released, and appears in court under organized conditions after the event, but before he is required to make any additional on-air appearances.

The legal issues surrounding the allegations remain fully contested, but the client avoids an arrest scene outside the television venue, reducing unnecessary publicity while preserving the ability to continue working during the pending proceedings.

Your best chance for a positive outcome comes with the support of an experienced California criminal defense attorney at Eisner Gorin LLP.

To set up a consultation, call us at (818) 781-1570 or simply fill out our contact form. We're here to help you through every step.

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