Murrieta Warrant Defense Attorney

Helping Clients Address Arrest Warrants, Bench Warrants, and Search Warrant Issues

If you have discovered that a warrant has been issued in your name, it is important to act quickly and understand your rights under California law. A warrant can lead to arrest, detention, court complications, and additional charges or penalties depending on the circumstances.

In many cases, however, an experienced criminal defense attorney may be able to help address the matter proactively rather than waiting for law enforcement contact. California law recognizes several different kinds of warrants, including arrest warrants, search warrants, and bench warrants.

At the Law Office of H. Charles Gorian, we help clients in Murrieta and throughout Riverside County deal with outstanding warrants before they create more serious consequences. Whether the issue involves a missed court date, an ongoing investigation, or a warrant already entered into the system, our office provides strategic, one-on-one guidance aimed at resolving the matter as efficiently and favorably as possible.

Call (951) 395-0511 today for a free and confidential consultation.

Types of Warrants in California

1. Arrest Warrant

An arrest warrant authorizes law enforcement to take a person into custody. Under California law, a magistrate issues an arrest warrant after reviewing a declaration of probable cause or a complaint that shows sufficient grounds to believe a crime has been committed and that the person named in the warrant is the one to be arrested. California Penal Code section 817 specifically states that, before issuing an arrest warrant, the magistrate shall examine a declaration of probable cause made by a peace officer.

That means a person does not have to commit an offense in front of an officer in order to be arrested. An arrest may also occur later through a warrant issued by a judge or magistrate upon probable cause.

2. Search Warrant

A search warrant authorizes law enforcement to search a specified place or property for evidence described in the warrant. In California, search warrants are governed by Penal Code sections beginning with section 1523. In general, a search warrant is issued by a judge when there is probable cause to believe that evidence of a crime or other items described by statute will be found in the place to be searched. Secondary California defense materials summarizing sections 1523 and 1524 explain that the warrant must identify the place to be searched and the property or evidence sought with reasonable specificity.

judge signing warrant papers

Search warrant issues often matter even when the client is not looking to “fight the warrant” directly. In many criminal cases, the defense may focus on whether the warrant was valid, whether it was too broad, whether it was properly executed, and whether the police exceeded its scope.

3. Bench Warrant

A bench warrant is typically issued by a judge when a person fails to appear in court as required or otherwise fails to comply with a court order in a way that authorizes a warrant. California Penal Code section 978.5 states that a bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including after being ordered to appear by the court or after release on bail with an appearance requirement.

Bench warrants commonly arise from:

  • failure to appear in court
  • missed arraignments, hearings, or sentencing dates
  • noncompliance with certain court orders
  • some failure-to-pay or related court-compliance situations, depending on the case.

Why a Warrant Should Be Taken Seriously

An outstanding warrant does not usually go away on its own. It can lead to unexpected arrest during a traffic stop, at home, at work, or when appearing in court for another matter. In some situations, a warrant may also affect bail, probation, or how prosecutors and judges view the case going forward.

The sooner a warrant is addressed, the better the chances of handling it in an orderly way rather than under the stress of an unexpected arrest.

How a Defense Attorney Can Help

A warrant attorney may be able to help by:

  • confirming the existence and type of warrant
  • determining the underlying case or reason for the warrant
  • arranging a court appearance or recall request where appropriate
  • reducing the risk of unnecessary detention
  • challenging the legality or scope of a warrant when that becomes relevant to the defense
  • helping resolve the underlying criminal or court-compliance issue that led to the warrant in the first place.

Because every warrant situation is different, the right strategy depends on whether the case involves an arrest warrant, search warrant, bench warrant, or some combination of those issues.

Speak with a Murrieta Warrant Defense Attorney

If a warrant has been issued in your name, or if you believe a warrant may be outstanding, it is important to seek legal advice as early as possible. A close review of the warrant and the underlying case may reveal the best way to address the matter before it causes further damage.

The Law Office of H. Charles Gorian represents clients throughout Murrieta, Temecula, Riverside County, and San Bernardino County. Call (951) 395-0511 or fill out our online form for a free and confidential consultation today.