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The Truth About California Warrants
Let's start off by defining what an arrest warrant is. An arrest warrant is an order issued by a judge, which authorizes local law enforcement to detain an individual or search and seize property in relation to a crime. There are many types of warrants which serve a slightly different function in the U.S. court system. In the end a warrant's prime function is to arrest citizens who have broken the law. Violating the law be can as simple as having too many unpaid traffic violations to committing a major crime like assault, a sexual crime, or murder. Some warrants expire such as search warrants which must be executed upon within a specific time frame. However, most warrants do not expire and stay on your background record indefinitely unless you are able to get the record removed successfully with the help of a lawyer.
To obtain a legal warrant, law officer's must bring evidence in front of a judge which demonstrates probable case that the person named most likely committed the crime they are investigating. Probable cause means that there is a reasonable belief that criminal activity has occurred by the suspect the officer's are requesting a warrant for. Evidence has to be based on fact, not heresay. Law enforcement must approach the courts with credible facts and evidence in order for a judge to consider the case. If the judge agrees that there is probable cause, then an arrest warrant will be issued in your name. At this point, police and local law enforcement will have this information readily available. If you cross their path for any other reason they will look up your background and see a record and will have no choice but to arrest you on the spot.
There is no requirement that a law officers carrying out the warrant has to have an actual copy of it in their possession. Officers will have proof of a warrant after looking up your name in their database by your driver's license and finding out there is a warrant in your name. If you are stopped for a traffic violation or confronted by police for another reason they will be sure to look up your name to see if you have a record or outstanding warrant. That information is enough for a legal arrest to be made.
If you have a warrant in California it's important to know what's on your personal record, since California police can arrest you almost any time. You don't want to be surprised by an unexpected arrest due to an unknown warrant in your name. It's strongly advised if you think you have a warrant to find out or if you know you have one to seek legal counsel. A criminal lawyer will be able to help you deal with the warrant in your best interests, post bail on your behalf, represent you in court, gather witness testimony, and even get your warrant removed or expunged from your personal file.
How to Search Warrants in California
If you live in California there are many resources for searching outstanding warrants, criminal records, background records and vital records within the state. People who live in California have the right under the state's Public Records Act and the California Constitution to access public information maintained by local and state government agencies, including the California Department of Justice (DOJ).This includes warrant information. The California Attorney General's office is responsible to collect, analyze, and report statistical data to the government and the citizens of California. This data is instrumental in providing measures of crime throughout the state. If you want to look up crime statistics, the Department of Justice publishes crime data submitted by county and local law enforcement agencies on a regular basis.
Individuals who live in California have the right to request a copy of their criminal history records which are maintained by the California Department of Justice to review for accuracy and completeness. Please note, if you're requesting records for someone else other than yourself, third party requests are not authorized and will not be processed.
If you want to request records you must contact the Public Records Coordinator at the DOJ. You can reach that office at 916-210 -6183. If you prefer to send in a hard copy of your request for records, you can do that as well. Access the public records request form here. You can also write them at the Attorney General’s Office, Public Records Coordinator, P.O. Box 944255, Sacramento, CA 94244-2550.
The state of California requires any person wanting a copy of their criminal history report to submit fingerprint images. The reason for this is to confirm the identity of the person requesting the records and to make sure the correct records are sent to the right individual. The cost is $25 to obtain a copy. Payment is made to the Department of Justice. Instructions on how to submit live scan fingerprint instructions can be accessed on their site.
Searching California Records
Inmate Records
The California Department of Corrections and Rehabilitation (CDCR) is the place to go to find inmate records. On their site they have a search tool for locating adult inmates currently in custody in a Corrections and Rehabilitation facility. You will need an inmate number or last name to start a search. If you are having trouble locating an inmate on their site you can call the CDCR's Identification Unit at 916-445-6713. The CDCR's Main Number is 916-324-7308. The CDCR offers a list of Corrections and Rehabilitation Adult Institutions so you can find which institution you need and visit in person.
Court Records
California’s court system is the largest in the United States covering more than 39 million residents which makes sense since California is a huge state. The state has 58 counties each with their own superior and trial courts. There are over 500 courts within the state of California. Finding the right county court is important when you are paying a fine, need to locate a record, or need court information.
Any situation which involves the California court system is documented by the county recorder or recorder of deeds to be filed with the state. This can include a marriage, a divorce, child support cases, property ownership, and legal judgments, to criminal case records such as misdemeanors, felonies, DUI'S and warrants. One way to locate court records is to go to the county court which the record was created or the offense took place and go to the records department. Each county in California has their own county clerk who is responsible for keeping records for their county.
Vital Records Vital records in California cover birth records, death records, fetal death, still birth, and marriage and divorce records which are maintained by the California Department of Public Health Vital Records (CDPH-VR). If you need copies of any vital record there is a fee to obtain any copy. Fees vary depending on the type of record you're requesting. The California Department of Public Health's Vital Records Department (CDPH-VR) does not allow you to request vital records online so you will most likely have to complete this in person. For more information you can call 916-445-2684.
Traffic Violations The California Court site has information on how to pay a traffic violation. Traffic tickets are handled at the county office in which the ticket was issued. Information on court locations by county can be accessed on the California Court's website. If you do not contest the ticket, you can pay any traffic violation in person at the court it was issued or by mail to the address listed on your ticket by the date you need to respond. Some county courts in California allow you to pay your ticket online. Check the ticket for website information or the local court website to see whether you have the option to pay online or not. You can visit the Payment of Fines page for further directions.
For questions regarding paying traffic tickets, to contest a ticket or for any other issue related to traffic violations the CA Judicial Branch site offers an FAQ to assist you.
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