warrants

January 8, 2021

Why it is Important to Know if You Have an Outstanding California Warrant

If you suspect that you have an outstanding warrant in your name it is best to be proactive and look into it. You may find you have either an outstanding California bench warrant or an outstanding arrest warrant. Either way, should you find that you do have an outstanding warrant in California, the sooner you take action, the higher your chances of reducing the associated penalties you face.

If you need assistance determining your status with respect to a warrant in California, David M. Boertje can help. David M. Boertje is a California criminal defense attorney that can confirm if you actually have a warrant in your name or not. When you have a warrant in your name it is best to have a knowledgeable San Diego criminal defense attorney by your side when you go to court to address the situation.

How Can You Find Out if You Have a Warrant in California?

If you are confused about researching your criminal history to see if a warrant exists or if you want to make sure that a warrant you believe exists is really in your name, you can always work with a San Diego criminal defense lawyer. Your attorney will not only inform you about the existence of your warrant but they will also be able to tell you why you have a warrant and they can find out what your bail amount is. There are other ways that you can look to see if you have an outstanding California warrant including searching either of the following websites:

The local sheriff or court
Superior Court of California

Another route you can take is to have a background check performed on yourself. Your criminal history, including if you have a warrant will show up on that report. Both a bench and arrest warrant allow the police to put you under arrest if you are found. The difference between the two is that an arrest warrant names you in a crime while a bench warrant is issued when you have violated a court order.

It is important to understand that any police officer has access to information regarding your warrant. This means that it doesn’t matter which local court issued your warrant, an officer that you encounter anywhere in the state of California or in the country can see it. This is because your warrant will show up on the website of the U.S. Department of Justice. Continue reading

September 20, 2019

Differences Between a San Diego Bench Warrant and Arrest Warrant

by David M. Boertje

For the police to make an arrest in San Diego, a warrant must accompany them. Discovering you have a warrant can be nerve wracking. You begin to wonder why a warrant was issued against you and what to do to make the warrant go away. Sometimes, but not often, judges issue warrants by mistake. When a judge signs off on a warrant, the warrant will come in the form of an arrest warrant or bench warrant.

What is an Arrest Warrant?

An arrest warrant is the legal document the judge will use to order the police to bring a person to jail under suspicion of a crime. If a police investigation, through testimony or evidence, reveals that someone committed a crime, the police will ask the judge to issue an arrest warrant that authorizes them to make the arrest.

What is a Bench Warrant?

Differing from the arrest warrant, a bench warrant stems directly from the judge for violating court rules. One of the most common reasons why a judge issues a bench warrant is the failure to appear. A bench warrant forces a person to appear before the court or judge, hence the name bench warrant — the judge sits at the bench and the warrant was issued from the bench.

Arrest and Bench Warrant Differences

Below are the major differences between an arrest and bench warrant:

The method in which the judge issues the warrants
Once the judge issues an arrest warrant, the police will search for the suspect
A bench warrant is usually not in connection with a serious crime
The warrant that can remain outstanding in the database is the bench warrant

How to Find Out if You Have a Warrant.

One way to find out if you have an arrest warrant in San Diego is to review the Online Warrant Database at San Diego County Sheriff’s Department website. Simply type in your last name, first name, middle name and year of birth to see if your name is in the database.

If your search reveals that you have a warrant, you should locate an experienced San Diego criminal defense attorney immediately. Many people try to handle the warrant on their own and face being placed in police custody. A knowledgeable San Diego criminal lawyer can get the warrant reversed and prevent law enforcement from placing you in police custody. Continue reading

September 4, 2015

Won Battle, Lost War in Cell Phone Search Case

by David M. Boertje

Last year, in a historic ruling, the U.S. Supreme Court ruled in Riley v. California that law enforcement must obtain a warrant to search cell phones. This historic opinion changed police protocol across the nation and set a strong precedent supporting privacy in a technological era.

Many of you must be wondering what happened to David Leon Riley, who had moved to suppress evidence during his criminal trial regarding his gang affiliation, which was acquired via his cell phone. Riley had been convicted for his connection to the 2009 shooting in San Diego’s Skyline neighborhood. Riley’s attorney is once again petitioning the U.S. Supreme Court arguing the lower court reconsider his case because the lower court had ordered Riley to remain in prison to serve out the rest of his 15-year-to-life sentence.

The 4th District Court in California specifically found that while the phone’s photographs were improperly seized and admitted as evidence, the error was not important enough to have affected the final verdict.