A bench warrant is typically issued when a person fails to appear in court as required, either for a hearing, to comply with a court order, or to serve as a witness. The warrant allows the police to arrest you for failing to comply with the court.
Clearing a bench warrant without going to jail is possible, but it involves taking proactive steps to address the warrant. It can help to have a Los Angeles criminal defense lawyer when you appear before the court to explain what happened.
The Simmrin Law Group has put together this step-by-step guide on how to clear a bench warrant without going to jail in California. Please note that it may be impossible to avoid jail in some situations.
Get Legal Advice
A criminal defense attorney can help you understand why you have a bench warrant and present the best strategies to clear it without going to jail. Having legal representation at your hearing will greatly increase the chances of resolving your warrant without jail time.
Your attorney will communicate with the court for you to explain your situation and why you shouldn’t be incarcerated. Even if you know your reasons are good ones, a lawyer can present them to the court in a way that they’re more likely to listen.
For a free legal consultation, call (310) 896-2723
Contact the Court
It is best to be proactive after missing a bench warrant. If you have hired a lawyer, they can find out the right court to contact and explain what happened to the clerk. If you haven’t, you’ll need to do it yourself.
First, you’ll need to identify the court that issued the warrant to contact the right court. Contact the clerk’s office to ask about the warrant and request information on how to proceed with your situation.
The clerk will likely help you schedule a hearing to clear the warrant, but this may depend on the court’s procedures. A lawyer from Simmrin Law Group can help you do this correctly. Note that as long as the bench warrant is still active, you could be arrested by the police.
Preparing for the Hearing
Again, it’s best to get legal advice on how to prepare. A lawyer should have experience with different courts in your area and may tell you how a particular judge might handle bench warrants. In general, you’ll need to:
- Be ready to apologize.
- Be ready to explain why you did not comply with the warrant.
- Be ready to show your willingness to comply with court orders moving forward
- Be ready to show you take the matter seriously.
Being honest and sorry about missing your court appearance may make the court more sympathetic to you. If the judge finds your reasons and demeanor acceptable, they will clear the bench warrant.
When you go to court, you should arrive early and dress appropriately for a court appearance. Do not miss your hearing or it will make your situation far worse.
Complying With the Warrant
Warrants are issued for an underlying reason. Before the warrant can be cleared, that issue must be addressed. There can be many reasons a court may order you to do something, like pay a fine, attend a program, or give witness testimony.
Depending on the matter, you may get a new deadline to fulfill your obligations to the court. The court may be ready to take care of the matter during the hearing. Keep track of future court dates to avoid getting another bench warrant for failing to appear again.
If you missed your court date because you received a notice too late, give your current contact information to the court so they can reach you early.
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What Could Happen After the Hearing
The best outcome is that the judge clears the warrant. You’ll receive instructions on what you need to do to clear the warrant. Be sure to follow them so you do not get another warrant for your arrest.
If you are cleared, the court should give you documentation to prove that the warrant has been resolved. You can use this paperwork if you’re confronted about your bench warrant by the police. It can take time to get that information to local law enforcement.
You may also be held in jail for violating the warrant. Following the steps above should minimize the time, but it will all depend on your specific circumstances. Speak with a criminal defense attorney first so you’ll know if it’s likely and how to prepare your life if you suddenly have to serve a jail sentence.
Do Not Ignore the Warrant
Ignoring a bench warrant means you could get arrested during a routine traffic stop or any other police interaction. It’s best to address a missed bench warrant head-on by working with a lawyer and telling the court what happened.
This can be very intimidating, but if you stay on top of the situation, then you may be able to clear your bench warrant without going to jail in California. For more specific advice, contact Simmrin Law Group for a free consultation with our criminal defense lawyers.
Call or text (310) 896-2723 or complete a Free Case Evaluation form