As long as the warrant is outstanding, it means that the charges remain in force and the person is subject to arrest.

Answer Applies to: California
Replied: 1/12/2012

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Usually, if an arrest warrant is issued the person may not previously have been arrested. Prosecution or law enforcement will seek an arrest warrant from the court, and if they satisfy the court that there is a reason for the warrant to issue a warrant will issue. This warrant makes the person subject to arrest. Warrants can also issue for missing a court appearance. Importantly, if the alleged offense happened in 1997 and if the defendant has been readily available since then, there may be a valid 'speedy trial' issue. The person for whom the warrant is out should contact an experience criminal defense attorney for advice.

Answer Applies to: California
Replied: 1/4/2012

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Yes, if the Court (Judge/Magistrate) finds probable cause that the warrant will yield fruits of the crime based upon the applying law enforcement official's Declaration/Affidavit, then the Court will sign and authorize the warrant. The search may not yield results, or result in an arrest. This might be a situation in which you are seeking the return of property.

Answer Applies to: California
Replied: 1/4/2012

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A warrant is an order from the court to appear. If you do not, you run the risk of getting brought in by the police. The purpose of a warrant is to lawfully arrest someone. Yes, it is legal to have a warrant issued without a previous arrest.

Answer Applies to: California
Replied: 1/4/2012

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A Warrant in California is a lawful directive issued by a Court to arrest someone.. So, to answer your question simply, the answer is yes.

Answer Applies to: California
Replied: 1/4/2012

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An arrest warrant can be issued in a theft case (or any other case) even if the person was not arrested at the scene of the alleged incident. The case needs to be placed on calendar and the warrant should be recalled. If the DA chooses to even pursue such an old case, a defense attorney should file a "Serna" motion - arguing that the delay has prejudiced the defendant and he is no longer able to receive a fair trial. After a delay of more than one year, the burden shifts to the prosecution to explain the reasons behind the delay. In a case this old the prosecution will not likely prevail and the case should be dismissed.

Answer Applies to: California
Replied: 1/4/2012

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The DA can apply for an arrest warrant even if there was not an initial detention, though usually they will try to send an arraignment letter first. The more interesting question is the 1997 date. Unless it's a murder, it's likely the statute of limitations has run on that case.

Answer Applies to: California
Replied: 1/3/2012

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Yes it is. Once you miss a court date, the Judge will issue a warrant. Whether you were actually arrested is irrelevant.

Answer Applies to: California
Replied: 1/3/2012

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Yes. That old you should contact an attorney.

Answer Applies to: California
Replied: 1/3/2012

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As long as the arrest warrant is based on evidence that is sufficient to convince a reasonable person that a crime has occurred and the wanted person was involved with the crime then a judge can authorize an arrest warrant. The fact that a person has or has not been arrested in the investigation of a crime, has no affect on whether an arrest warrant can be issued.

Answer Applies to: California
Replied: 1/3/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Unfortunately, there isn't enough detail here to give you a direct answer. But, yes, search warrants are obtained every day without an arrest or citation. Many times, however, the arrest comes after incriminating evidence is discovered during the search. I'm very unclear as to your question, however. If it means that a search was conducted in 1997 and no arrest was made back then, if an arrest warrant was issued back then it is possible that an arrest could be made now on that warrant. There are speedy trial issues however. If no warrant was ever issued the statute of limitations has run on a theft charge discovered back then and no charges can be filed now and no arrest can can be made. Talk to a criminal defense attorney for more specific information.

Answer Applies to: California
Replied: 1/3/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.