This means you are subject to extradition forced to return to the country, state, and county of the warrant if you are arrested in the new location. Essentially, if you run, and are caught, you will still face the original charges, and likely face an enhanced penalty for attempting to flee.
If you do not know about your warrant, there is a chance you will not be considered a fugitive. When issuing a warrant in California, a judge is supposed to set a bail amount on the warrant, providing the offense is one that supports bail.
The crimes that do not allow bail are capital offenses that may result in a death penalty, felony offenses that involve violence or are of a sexual nature, or felony offenses where you threatened others with great bodily harm. If you post bail, you are released from custody, though you will still be required to appear before a court of law. Essentially, bail allows you to maintain your freedom provided you intend to return for your trial. In California, the bail bond amount is generally 10 percent of the value of the bail specified on the warrant.
It is difficult to have your arrest warrant dismissed outright. However, if you have been wrongly arrested, it is possible to have your charges reduced or dismissed. Whether or not you are able to do this is largely dependant on the amount of evidence you are able to have excluded from the case.
One instance that can help your case is when law enforcement officers are guilty of wrongful police conduct. If found guilty of misconduct, your attorney may attempt to have evidence gathered after that misconduct barred from the trial. Instances of this can include when officers go outside the bounds of the warrant during your arrest, such as if they arrest you outside the hours specified on the warrant, or if you were not put in front of a judge in a reasonable amount of time.
For the same year, dismissals made up 3 percent of total appeals, 2 percent of criminal appeals by defendants, 2 percent of criminal appeals by prosecution, and 4 percent of civil appeals. The only other method to proving your arrest was illegal is under the writ of habeas corpus. If you believe you have been wrongly arrested but are still taken into custody, you may file a writ of habeas corpus in order to present evidence to that fact.
If you are successful, you may be entitled to having your case dismissed outright. This is common in cases of mistaken identity. Simply put, after finding out if you have a warrant for your arrest , your best course of action is to contact a lawyer in your area. They will have the expertise to help you through your ordeal, and may even be able to help you get out of the warrant altogether.
What do you do? The question of whether the amount of force used in a particular case was reasonable or excessive is intensely fact-specific. Courts generally balance the need for force and the amount of force used during an arrest. Factors include:. Police officers are allowed to use deadly force on a fleeing or actively resisting suspect, if the officer has probable cause to believe the suspect poses a dangerous threat to the officer or others.
Officers must warn the suspect that they are about to use deadly force, if possible. Tennessee v. Garner , U. What happens if an officer's belief that a person committed a crime is wrong? Can the person physically resist arrest? Even if the officer is wrong or an arrest is unlawful, it's rarely ever a good idea to resist arrest. Resisting arrest is dangerous and can lead to injury and additional criminal charges. It's usually best to fight an unlawful arrest in court and not on the street.
If you've been arrested, speak to a criminal defense attorney as soon as possible. It's especially important to ask for a lawyer before answering any questions. Learn more about your rights during police questioning and the criminal justice process. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 But what exactly does that mean? What Is an Arrest? When Can Police Make an Arrest? Arrest Warrants An arrest warrant is a court order directing officers to arrest a certain person. Arrest Warrant vs. Search Warrant An arrest warrant authorizes officers to take a defendant into police custody. Factors include: the severity of the crime whether the suspect posed a threat, and whether the suspect was resisting or attempting to flee.
Graham v. Connor , U. Please go to your local police station as soon as possible to hand yourself in. If you have breached your bail conditions then a warrant may be issued for your arrest. Please go to the police station to discuss this matter further.
You can contact us by telephoning You can then pass on all the details so we can take the appropriate action. If you want to remain anonymous you can pass any details through the independent charity Crimestoppers. You can find out more by visiting www. If you are wanted on warrant please go to your local police station to discuss this matter further.
You will be able to speak to officers and give your account of the incident you are wanted for. We regularly release images of some of the people wanted across the West Midlands, you can see our Wanted Gallery here. If you have any information about any of the individuals featured we'd urge you to contact officers on Sign in to your account. Report online. Report an incident. Review reports. Report an incident Review reports. About Us About Us.
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