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Michael Berg

Michael Berg, Certified Specialist in Criminal Law

Warrants

Warrants Attorneys in San Jose

Criminal Charges do Not Disappear

It’s easy to believe that if you had a warrant out for your arrest, you would know about it. Surprisingly, that is not always the case. It’s also easy to believe that if you avoid arrest long enough, your charges have simply disappeared. Unfortunately (but perhaps not surprisingly), that is not how the system works. As a result, it is possible to be served with a warrant when you least expect it. Criminal charges do not disappear.

 

If you have been served with an arrest warrant unexpectedly, you may be scared. This is especially the case if you did not know there was a warrant for your arrest or you have never been on “the wrong side of the law” before. You may be wondering:

 

  • What crime you committed
  • How long the warrant was outstanding before you were served
  • Whether you are facing additional consequences because of the time between the warrant’s issue and being served
  • What your options and next steps are

Our goal is to make sure you understand your situation and answer any questions you may have. We will work to find out the consequences that you face and, if possible, have your warrant recalled. We are also prepared to help defend you against whatever criminal charges you are facing.

Don't Sit Idly by While a Warrant Hangs Over Your Head

In California, warrants fall into three main categories:
 
  • If the state believes there is “probable cause” that you committed a particular crime, an arrest warrant may be issued
  • If you fail to appear in court as ordered, did not pay a required fine, or violated a court-issued protective order, a bench warrant may be issued
  • If the state believes that evidence of a crime is likely to be found in a particular location(s), a search warrant may be issued

There are laws surrounding the specific criteria of each type of warrant, as well as how they are executed. This does not mean, however, that those criteria are always met or that warrants are executed according to the law. Sometimes, judges will issue warrants on the basis of information that is incomplete or misleading. Other times, warrants are not executed appropriately by law enforcement.

 

What does this mean for you? It is sometimes possible to have evidence thrown out or have criminal charges dismissed in cases where a warrant should not have been issued in the first place, or if law enforcement carried out the warrant improperly. Don’t sit idly by while a warrant hangs over your head and threatens your future. Our San Jose criminal defense firm can help investigate your warrant, determine the best way forward, and help you put this experience in the past where it belongs.