FAQ- What do you do if you have a Riverside County Warrant?
What should I do if I have a bench warrant or arrest warrant in Indio?
Disclaimer
This article specifically addresses bench warrants and arrest warrants in Riverside County, California. Joshua Mulligan’s practice is centered in the Coachella Valley at the Larson Justice Center in Indio, California. If you have a warrant in other places in California the process may be similar, but local procedures usually have slight differences. Warrants in other states may be handled completely differently.
By attorney Joshua Mulligan. Mr. Mulligan has handled hundreds of cases involving defendants with warrants ranging from misdemeanors to serious felonies. Mr. Mulligan is a State Bar Certified Criminal Law Specialist and his practice is in the Coachella Valley.
What do I do if I have a warrant?
Don't panic!
You can confirm if you have a misdemeanor warrant and check the charges against you by using the Superior Court of the County of Riverside name search tool.
If you hire an attorney for a misdemeanor warrant, they can place you on the court's calendar and appear on your behalf, which is especially helpful if you live out of town. For most misdemeanor cases, an attorney can make all court appearances without the defendant coming to court at all.
If you do not hire an attorney and want to get a court date, go to the Larson Justice Center in Indio between 7:30 AM and 8:00 AM, if the warrant is out of Coachella Valley. The Larson Justice Center is located at 46-200 Oasis St Indio, CA 92201.
When you arrive, speak with the clerk at the criminal window and request to be added to the court's calendar, you may also add yourself on to calendar online with eSubmit by submitting a Request to Add on to Calendar form.
A felony warrant is a serious matter and can have major life consequences. But again, it does not help to panic. For a felony warrant you will go through the same process as stated above. But if you hire an attorney, they can handle scheduling the court date for you. Both you and your attorney must appear before the court on the scheduled date.
What happens if I ignore a warrant?
A warrant won’t go away on its own whether it’s a misdemeanor or felony —you or your attorney must appear in court to address it. Ignoring a warrant can lead to serious consequences.
For example, if you're stopped by law enforcement and they run your name, any outstanding warrant will surface. In any traffic stop, an officer will check your name for warrants shortly after taking your driver’s license. If you are arrested on a warrant during a traffic stop your vehicle will be impounded in addition to going to jail. Warrants can be served at any time, meaning you could locked up unexpectedly and at a very inconvenient time.
Additionally, both misdemeanor and felony warrants appear in background checks, which are standard for most hiring processes and rental housing applications. Having a warrant or pending charges may give a potential employer reason to deny you employment or a promotion.
Felony warrants can have an impact on government benefits. Under California Welfare and Institution Code section 1486.5 a person is not eligible for aid if the individual is fleeing to avoid prosecution or custody for a felony. Also, some felony warrants can impact an individual’s SSD, SSI, or VA benefits.
A warrant can also affect your driver's license or have immigration consequences. Ultimately, ignoring a warrant can negatively impact many aspects of your livelihood. It's strongly recommended that you consult an attorney to resolve the matter as soon as possible.
Can they still prosecute me if the warrant is more than one year old?
You are guaranteed the right to a speedy trial once you have been charged with a crime under the Sixth Amendment to the U.S. Constitution and the California Constitution.
In cases involving misdemeanor warrant that are over a year old, where the defendant was never notified about the warrant, the delay may support the dismissal of the case via a Serna Motion.
For example, if a defendant was issued a citation to appear for a court hearing, attended the court hearing, and no charges were filed on the day of the hearing, but charges were filed later without providing notice to the defendant, a Serna Motion could be filed to dismiss the case for a misdemeanor warrant. Courts usually view delays exceeding one-year for misdemeanors as presumptively prejudicial, potentially violating the right to a speedy trial. According to Serna v. Superior Court (1985), delays between the filing of a complaint and the defendant’s arrest that exceed this period may be deemed unreasonable and justify dismissal. However, if the defendant was cited and simply ignored a court date, a Serna motion may not be granted.
For felony warrants it depends on how old the warrant is and the reason for the delay. In most cases, a felony will not be dismissed unless the defense can show that the delay has caused prejudice. To sort out if you can get a case dismissed under this standard requires going over the facts of the case and the causes of the delay with an experienced criminal defense attorney.
Are the police actively looking for me?
For a** misdemeanor** warrant almost certainly not. There are thousands of old misdemeanor warrants and the police are making little to no effort to actively serve these warrants.
For a felony warrant the police will actively attempt to find defendants on serious cases. However, the police are not actively looking to serve warrants for lower level felonies.
What happens when I go to court?
For a misdemeanor warrant, when you or your attorney appear before the court, judge will arraign you – practically this means that you enter a “not guilty” plea, receive a copy of the police report, and set a future date for a pre-trial hearing. The vast majority of defendants appearing in court for a misdemeanor warrant get release on their own recognizance and do not need to post bail.
For a felony warrant, you and your attorney will appear before the court. The judge can set bail depending on the facts of the case. If the judge does set bail, you will be taken into custody until you can post the bond. You should discuss your case in detail with an experienced attorney before appearing in court on a felony warrant – the attorney will be able to tell you how likely you are to be remanded.
How does it come up on a background check?
All warrants are stored in local, state, and national criminal record systems. Whenever an individual’s criminal background is being checked, the system provides a report of the individual’s criminal history. The criminal history report will reflect the warrant, and the charges on a California employment and housing background check, this will be the same in most other states. The warrant will also show on background checks run by the state for professional licenses. You can even be denied the opportunity to volunteer at a school because of an outstanding warrant.
If I have a California warrant and live in a different state, will I be extradited to California?
In general, only serious felonies will have extraditable warrants. So, if you are in another state, you may not be hunted down and locked up, but you still will have other problems outlined above, such as denial of employment, immigration problems, or denial of professional licenses.