California Arrest Warrants: Penal Code 813 PC
Under California Penal Code 813 PC, an arrest warrant is a formal judicial order, signed by a magistrate, directing peace officers to locate, apprehend, and take an individual into custody based on probable cause that a crime was committed.
Unlike bench warrants, which arise mid-case when a defendant disobeys court orders or misses a hearing, an arrest warrant initiates new criminal proceedings.
Once issued, an arrest warrant grants law enforcement statewide authority to execute an arrest at a person's home, workplace, or during a routine traffic stop.
Statutory Definition of CA Arrest Warrants
“When a complaint is filed with a magistrate charging a public offense... if the magistrate is satisfied from the complaint, or from the affidavits or depositions that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant.” — California Penal Code 813 PC
Legal Standards & Issuance Procedures
To issue a constitutional arrest warrant under PC 813, the magistrate and law enforcement must adhere to key Fourth Amendment safeguards and procedural requirements:
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Probable Cause Requirement: The judge must evaluate a sworn criminal complaint or police affidavit (often called a declaration of probable cause) and determine that sufficient facts exist to lead a reasonable person to believe the suspect committed the alleged offense.
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Particularity & Identification: The warrant must specifically name the accused or, if the name is unknown, provide a detailed physical description sufficient to establish identity ("John Doe" warrant).
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Scope of Authority: An active warrant empowers peace officers to arrest the individual anywhere within California jurisdiction and, under specific conditions, enter their residence to effectuate the arrest.
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Bail Determination: The issuing magistrate typically specifies a bail amount on the face of the warrant according to county bail schedules, or marks it as a "no-bail" warrant for serious offenses.
Penalties & Custody Exposure for Underlying Offenses
An arrest warrant itself is a procedural mechanism rather than a separate charge. However, executing an arrest warrant subjects the accused to custody exposure and bail requirements based on the underlying criminal complaint:
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Alleged Offense Level |
Typical Bail & Custody Framework |
Statutory Impact & Legal Outcomes |
| Misdemeanor Arrest Warrant | Subject to county bail schedule or Release on Own Recognizance (O.R.) | Up to 1 year in county jail per count; potential for probation or diversion. |
| Felony Arrest Warrant | High bail amounts or strict conditions under PC 1275 | 16 months to life in state prison depending on charge severity; potential strike under PC 667. |
| Felony Arrest Warrant with Firearm/Weapon | Often "No-Bail" hold or elevated bail schedule | Mandates state prison time; adds consecutive enhancements under PC 12022. |
| Warrant Execution Avoidance / Evading | Triggers secondary flight risk classification | Prosecutors use flight to argue against O.R. release and demand higher bail. |
Hypothetical Examples
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Example 1 (Post-Investigation Fraud Charge): Following a six-month corporate embezzlement investigation, detectives present financial records and a sworn affidavit to a judge. Finding probable cause under PC 813, the magistrate signs a felony arrest warrant setting bail at $100,000.
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Example 2 (Misdemeanor Assault Complaint): A victim reports an assault to police two weeks after the incident. Because officers did not witness the misdemeanor, they submit a police report to the District Attorney, who files formal charges and obtains an arrest warrant from the court.
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Example 3 (Mistaken Identity Arrest): Police obtain an arrest warrant for a suspect with the same first and last name as an uninvolved citizen. The citizen is arrested during a traffic stop, but defense counsel presents birth date and fingerprint discrepancies at arraignment, leading to immediate recall of the warrant and release.
Primary Legal Defenses & Motions
Challenging an arrest warrant involves examining both the underlying allegations and the procedural validity of the warrant itself:
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Lack of Probable Cause (Franks Motion): If the sworn affidavit supporting the warrant contained reckless or intentionally false statements by law enforcement, defense counsel can file a Franks motion to invalidate the warrant and suppress derivative evidence.
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Unlawful Search & Seizure (PC 1538.5): If officers exceeded the scope of the arrest warrant or executed an unconstitutional entry into a home without exigent circumstances, evidence obtained during the arrest can be excluded under Penal Code 1538.5 PC.
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Mistaken Identity: Presenting alibi evidence, physical discrepancies, or biometric proof demonstrating that the wrong individual was named or detained under the warrant.
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Voluntary Surrender & Motion to Recall: Arranging a controlled, voluntary court appearance alongside defense counsel to recall the warrant, argue for own recognizance (O.R.) release, and avoid unexpected public arrest.
Related California Laws & Statutes
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Penal Code 814 PC – Form of Arrest Warrant: Dictates the precise statutory language and legal requirements necessary for an arrest warrant to be valid.
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Penal Code 840 PC – Time of Day for Arrest Execution: Restricts misdemeanor arrest warrant execution to between 6:00 a.m. and 10:00 p.m. unless night service is explicitly authorized by a judge.
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Penal Code 148(a)(1) PC – Resisting or Obstructing an Officer: Makes it a misdemeanor to willfully delay, obstruct, or resist an officer executing an active arrest warrant.
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Penal Code 1524 PC – Search Warrants: Governs court orders authorizing searches for physical or digital evidence, often issued concurrently with arrest warrants.
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Penal Code 1320 PC – Failure to Appear: Applies when a defendant fails to appear after being released on bail or O.R., triggering secondary charges and warrants.
Frequently Asked Questions (FAQs)
What is the difference between an arrest warrant and a bench warrant?
An arrest warrant under PC 813 is issued at the start of a criminal case based on probable cause that a crime was committed. A bench warrant is issued mid-case directly by a judge when a defendant disobeys a court order, misses a hearing, or violates probation.
Do arrest warrants expire in California?
No. Arrest warrants do not expire over time. They remain active indefinitely in law enforcement databases like CLETS and NCIC until the subject is arrested, dies, or a judge quashes and recalls the warrant.
Can police enter my home to execute an arrest warrant?
Yes, but only if they have a reasonable belief that you are inside the home at the time of entry. Entering a third party's home to execute an arrest warrant generally requires a separate search warrant or exigent circumstances.
Can an attorney help me resolve an arrest warrant without going to jail?
In many cases, yes. An attorney can schedule a voluntary surrender, contact the court to add the case to the calendar, and argue for an own-recognizance (O.R.) release or reduced bail at arraignment, helping avoid unexpected arrest and extended detention.
How do I find out if I have an active arrest warrant in California?
The safest method is to have a criminal defense attorney check court and law enforcement databases on your behalf. Contacting police departments directly carries a high risk of immediate arrest if an active warrant exists.
What happens if I am arrested on an out-of-county arrest warrant?
Under California Penal Code 821 PC, if you are arrested in a different county than where the warrant was issued, officers must inform you of your right to be taken before a magistrate in that county to post bail or arrange transfer.
Can an arrest warrant be issued for a misdemeanor?
Yes. While many misdemeanor offenses result in a citation and notice to appear, judges will issue arrest warrants for misdemeanors if a prosecutor files formal charges or the suspect fails to respond to a summons.
What is a Franks hearing regarding an arrest warrant?
A Franks hearing is a specialized court proceeding where the defense argues that law enforcement knowingly or recklessly included false statements in the probable cause affidavit used to obtain the arrest warrant. If proven, the warrant is invalidated.
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