
In California, a bench warrant lasts until you resolve it. In other words, bench warrants do not expire. This means that you must clear the warrant in order to have it removed, so you cannot sit around and wait for the bench warrant to expire.
If you were issued a bench warrant in California, you may have questions about your legal options, like, “Do arrest warrants expire?” or what to do if you have a bench warrant in your name.
To receive professional advice about your situation, consider contacting a Burbank criminal defense lawyer for more information.
The Length of Time a Bench Warrant Lasts in California: Do Arrest Warrants Expire?
According to Penal Code 978.5 PC, bench warrants—also known as body attachments—do not expire in California. This means a bench warrant will stay on your record until the situation is resolved.
But why do bench warrants not expire? It all comes down to the nature of the purpose they serve. Judges issue these warrants, and if they were to expire, it could encourage people to engage in the following behaviors:
- Try to evade the court system until the warrant is no longer active
- Lie about issues in the court system to escape punishment
For these reasons, individuals in California cannot just “wait out” a bench warrant. No matter how long you wait, this type of warrant will remain on your record until you resolve it.
For a free legal consultation, call (310) 896-2723
Steps to Clear a Bench Warrant
As mentioned, a bench warrant lasts until you clear it. However, to make sure you successfully clear your bench warrant, you should contact a law firm with experience handling cases of this nature.
The process of recalling and quashing your bench warrant will depend on the type of charges you were originally facing. A lawyer may be able to clear a warrant for you if the warrant was issued for either of the two following reasons:
- You did not appear in court when you were ordered to do so
- You failed to pay a fine that you owed due to a misdemeanor-level offense
Note that you may still have to pay the fine that you avoided to resolve your legal challenges completely. You should also be aware that if you did not pay a fine for a felony-level offense, a lawyer may not be able to clear the warrant for you.
This is because you must generally go to court yourself for unpaid fines on felony-level offenses. To know what to expect, call a lawyer who can discuss the specifics of your bench warrant and the details surrounding your case.
Legal Arguments to Clear a Bench Warrant
To clear your bench warrant, you have to do more than appear in court with legal representation by your side. Your lawyer will likely need to demonstrate that you did not intentionally disregard a court order. This may involve proving the following:
- You did not receive your notice to go to court.
- You did not know that a case had been filed against you.
- You were mistakenly asked to go to court without reason.
When you hire an attorney, your lawyer can focus on building your defense by compiling arguments that have been proven effective in court.
Can You Be Arrested With a Bench Warrant in California?
As long as there is a bench warrant out in your name, you could be arrested by a law enforcement officer at any given time. The officer who comes to arrest you can legally take you to court after your arrest in response to your bench warrant.
Generally speaking, you will likely be brought before a judge after getting arrested for a bench warrant. The judge may decide to release you with a warning, but this is not likely in many bench warrant cases. More likely than not, the judge will order you to be put in custody.
You might remain there until the charges you’re facing are handled. Also, if you let a bench warrant remain on your record, this could be considered a probation violation in California. You might face additional fines or end up with a suspended driver’s license if that’s the case.
Complete a Free Case Evaluation form now
Reach Out to a Burbank Criminal Defense Lawyer if You Have a Bench Warrant in California
Bench warrants in California generally remain active until they are resolved through the legal system. These warrants don’t expire, and they might result in serious consequences—namely, your arrest—if you do not address them in a timely manner.
Taking action to clear a bench warrant is smart, and at Simmrin Law Group, we’re here to help you go through the process of clearing your bench warrant or addressing other legal issues in your name. We can protect your rights and work toward a favorable outcome for your case.
With our team on your side, you don’t have to face the courts alone. When you call us, you’ll have the chance to learn more about us and how we can help you resolve your bench warrant. That way, you can move forward with more confidence and less stress.
Call or text (310) 896-2723 or complete a Free Case Evaluation form