Los Angeles, CA asked in Bankruptcy, Criminal Law and Constitutional Law for California

Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary delay, typically within 48 hours, not counting weekends and holidays.

The fact that you have had a warrant for over a year without an attempt to execute it may be due to various factors, including the nature of the offense, the resources of the law enforcement agency, and their prioritization of cases. It's important to note that the warrant remains valid until it is executed or recalled by the court.

It would be prudent to address this matter proactively rather than waiting for law enforcement to take action. Consider consulting with an attorney who can help you understand your options, which may include arranging to turn yourself in under controlled conditions and addressing the warrant in court.

Remember, dealing with an outstanding warrant can be stressful, but taking action to resolve it is often the best course to minimize potential complications. An attorney can provide guidance and represent your interests throughout the process.

Timothy Denison and Robert P. Taylor agree with this answer

Robert P. Taylor
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Answered
  • Bankruptcy Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket, you're going to get arrested. Also if you appear in court on a different matter, the bailiff may take you into custody. When I used to do family law, occasionally I would see folks arrested by the bailiff on warrants before divorce hearings or child support matters. Depending on the circumstances, if you're proactive about addressing it, the judge just may dismiss it or lower any potential fine. If you try to deal it after you're arrested, you'll not only have to endure the arrest but the penalty will probably be more severe.

Timothy Denison agrees with this answer

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: "After a warrant is issued," there is no "time window where they are supposed to get you in front of a judge." Undoubtedly, it will be enforced at a time most inconvenient for you. Think about cleaning it up, it isn't going anywhere.

Timothy Denison agrees with this answer

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