A warrant is an official document issued by a judge or magistrate that authorizes law enforcement to perform a specific act. When a warrant is issued against you in California, it can lead to arrest, a search of your property, or other significant legal consequences.
These consequences can include the potential for a criminal record, difficulties in obtaining employment, restrictions on travel, and the possibility of increased penalties if you are later convicted of a crime.
In many cases, by acting proactively and understanding the process, you can have a skilled California criminal defense attorney petition the court to "quash" the warrant (also known as "clearing" or "recalling" the warrant). This knowledge empowers you in your legal situation.
The term "quash" means to nullify, void, or set aside a legal order. Having a warrant quashed is the process of legally invalidating it, effectively removing the authority it grants to law enforcement.
Quashing a warrant, especially in the case of bench or arrest warrants, can bring a sense of relief. It helps you avoid the embarrassment and inconvenience of an arrest, along with the arrest record it would generate. It's a significant step towards peace of mind in a challenging legal situation.
Key Takeaways
- In California, different types of warrants-such as arrest warrants, bench warrants, and search warrants-can be 'quashed.'
- Quashing a warrant depends on the type and reason for the motion, like procedural defects, lack of probable cause, or improper notice.
- Arrest warrants can be canceled by filing a motion to recall them, particularly if they were issued incorrectly.
- You can have bench warrants dismissed by voluntarily going to court and filing a motion, particularly if missing the court date was due to not receiving notice.
- Search warrants can be contested through a motion to quash if they lack enough probable cause, rely on false information in the affidavit, or have other flaws.
- Your attorney can submit a motion to quash the warrant in court.
- For bench or failure to appear warrants, attending court can enable a judge to quash the warrant and set a new court date.
- A motion can challenge issues such as a lack of probable cause or misrepresentations in the affidavit for search warrants.
Let's look at the common types of warrants in California that can be quashed, and the process for doing so.
Bench Warrants
A bench warrant is a common type of warrant issued directly by a judge from "the bench." These are typically issued when an individual fails to comply with a court order (e.g., failing to appear in court for a scheduled hearing).
Still, they can also be issued for failing to pay a fine, not completing court-ordered classes, or violating the terms of probation.
To quash a bench warrant, your attorney will file a motion to quash and schedule a court hearing. During this hearing, the attorney will appear before the judge on your behalf if the underlying offense is a misdemeanor (you may have to appear in person in felony cases).
The primary goal is to provide a valid reason for the original failure to appear or comply with the court's order. A strong legal argument might explain that you never received notice of the court date, experienced a medical emergency, or had a car accident on the way to court.
If the judge accepts the explanation as reasonable, they may recall and quash the warrant, and the underlying case can be put back on the calendar for resolution.
Arrest Warrants
An arrest warrant is issued by a judge based on a sworn statement from law enforcement demonstrating probable cause that a specific person has committed a crime.
Unlike a bench warrant, which is reactive to a court violation, an arrest warrant is proactive, initiated by law enforcement during a criminal investigation before formal charges have been filed. It gives police the authority to find and arrest the person named in the warrant.
Quashing an arrest warrant is more complex than quashing a bench warrant because it challenges the foundational probable cause for the arrest. An attorney can file a motion to quash by arguing that the affidavit law enforcement provided to the judge contained insufficient, false, or illegally obtained information.
If it can be demonstrated that the warrant was issued without adequate probable cause, a judge may quash it. In other instances, an attorney may arrange for you to surrender to the court voluntarily. This proactive step can sometimes result in the warrant being recalled and bail being set at a lower amount or your release on your own recognizance.
Search Warrants
A search warrant is a court order that authorizes law enforcement to search a specific location, such as a home or vehicle, for evidence of a crime.
To obtain a search warrant, officers must submit an affidavit to a judge that establishes probable cause to believe evidence related to criminal activity will be found at the location to be searched.
The warrant must describe with particularity the place to be searched and the items to be seized.
Challenging a search warrant usually occurs after the search has been conducted, through a special motion to "quash and traverse" the warrant (also known as a "Franks motion"), essentially claiming that the affidavit used to obtain the warrant was based on false/inaccurate statements based on a "reckless disregard for the truth."
Suppose the attorney can present evidence to this effect during the hearing. In that case, the court will officially recall the search warrant, and any evidence seized during that search will be deemed inadmissible in court.
Grounds for Quashing a Warrant
The defense may submit a motion to nullify a warrant by asserting that it was legally flawed. Typical reasons include:
- Lack of probable cause: The affidavit supporting the warrant either lacks specific facts or is based on false or omitted information.
- Material falsehoods or omissions: A warrant can be contested if it was issued due to intentionally false information or deliberately omitted details. In California, this situation may lead to a special evidentiary hearing called a Franks hearing.
- Procedural errors or improper issuance: A warrant can be invalidated if a judge erred in issuing it, such as by lacking neutrality or approving based on outdated information.
- Overbroad or particularity defects: Warrants that allow excessively broad or general searches, violating the Fourth Amendment's requirement for specificity, can be invalidated.
If There Is a Warrant Against You
In the case of a bench warrant or arrest warrant in particular, if you discover a warrant is out for your arrest, your immediate reaction might be to turn yourself in. However, we advise that you consult with your attorney first.
An experienced attorney can often intervene on your behalf before you surrender to law enforcement by filing a motion to have the warrant quashed.
This early action could prevent you from being officially arrested or detained when you turn yourself in, allowing the underlying legal issue to be addressed in court without the added stress of incarceration.
For high-profile defendants, a properly coordinated, discreet voluntary warrant surrender can often prevent a public arrest at a home, workplace, or public event and allow counsel to address bail, booking, and court-appearance logistics in advance.
For more information, contact our criminal defense law firm, Eisner Gorin LLP in Los Angeles, CA.
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