Under the new policy, any person with an active bench warrant can selfcalendar their matter and appear in court on an outofcustody basis. If you get arrested without a warrant, it is most likely because you allegedly committed a crime in an officer's presence (a California DUI, for example).Now people who are charged in Santa Clara County can appear in court to request removal of a warrant. Probable cause can be supported in a number of ways. In some situations, law enforcement may have personally witnessed criminal activity. Our lawyers can move to have a search warrant thrown out entirely, arguing that there was no probable cause, despite police assertions. The State's Attorney does not have to prosecute every crime and has the discretion to not prosecute any particular case. Upon review of the evidence, the officer will then present the case to the judge for an arrest warrant.