If you have an active bench warrant, it means a judge has issued an order and authorized law enforcement to arrest you. Bench warrants are often a consequence of failing to appear in court, violating the conditions of your probation, or failing to comply with a court order.
But what does a bench warrant mean in terms of how it will affect your life moving forward? Let’s take a closer look at active bench warrants and what a Los Angeles criminal defense lawyer can do to help you proceed after learning that there are active warrants in your name.
What Does a Bench Warrant Do, and Why Are They Issued?
So, what is a bench warrant? A bench warrant allows police to arrest you at any time, regardless of where you are. This means you can be handcuffed at home, in the workplace, or during a traffic stop, among other situations.
Since there is no statute of limitations for bench warrants, yours will remain active until either you are arrested or the court withdraws your warrant. This type of warrant can be used for the following purposes:
- Failing to show up for a mandated court date
- Failing to obey court orders
- Failing to pay fines ordered by the court
- Failing to appear as a witness in court
- Failing to pay a traffic violation ticket
- Failing to pay child support
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What is the Most Prevalent Reason Judges Issue Bench Warrants?
Failure to appear in court—also known as FTA—is the most prevalent reason judges issue bench warrants. A judge will likely find you in contempt of court if you fail to appear, and at this point, the judge can issue a warrant for your arrest.
Bench warrants stemming from failure to appear can result in the following penalties:
- Suspension of your driver’s license
- An official violation of probation
- Expensive fines
- Increased or forfeited bail
- Additional jail time
You can clear a failure to appear in court in California. Still, if you are able to appear in court, you should choose this option above all because avoiding a bench warrant at all costs is a smart idea.
Otherwise, if you have an outstanding warrant, you could affect your future interactions with the judicial system. According to California Code, PEN 853.7, you could end up facing jail time, and a history of failing to comply with court orders can adversely influence the judge’s decision.
It is not wise to skip your court date. Even if you believe you are innocent or you think there is no reason to show up to court, it is still in your best interest to do so.
How to Find Out if You Have an Active Bench Warrant
It is never a good feeling to wonder if there is a warrant out for your arrest. If you missed your court date, you have a reason to check if you have an outstanding bench warrant, and it’s important to do so.
Remember that law enforcement officers can arrest you at any moment, so checking to see if this is a possibility for you can help you prepare. If you want to look into your current warrant status, there are a few ways to determine whether or not you have active warrants:
- Checking for warrants online for free
- Calling the local police department
The latter option could be riskier because any active warrants that are discovered often lead to the immediate arrest of the person whose name is tied to the warrant.
Furthermore, if you are curious about active warrants for federal courts, you can always check with your district court or the U.S. Marshals Service. They can search the warrant information system database for active warrants.
It is also a good idea to hire a criminal defense attorney to determine whether you have active bench warrants. They can help resolve the issue while advocating for you and considering your interests.
When Can a Bench Warrant Be Dismissed?
A bench warrant can be dismissed for a number of reasons. For example, this may be an option on the table if you voluntarily appear for your court date, cooperate with the judge, and address the issues that resulted in your warrant in the first place.
Another possible scenario that might lead to the dismissal of your warrant is if it was issued for a case that has been resolved. This can be through a plea agreement, due to the dismissal of your charges, or after the completion of your sentence.
A clerical error—such as mistaken identity or wrong identification—might mean your bench warrant is dismissed. Last but not least, bench warrants result in dismissals when the person named in the warrant has passed away.
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What is the Statute of Limitations For California Bench Warrants?
Warrants themselves do not typically expire, but a warrant’s underlying charges may reach a statute of limitations deadline. If the time frame in which the state can prosecute the crime expires, the warrant can be dismissed.
Still, this is more relevant to arrest warrants for specific charges rather than bench warrants issued for procedural non-compliance, like failing to appear in court. A warrant that goes unserved within a reasonable time can be dismissed, though this is a rare exception.
Call a Los Angeles Criminal Defense Law Firm if You Find Out You Have an Active Bench Warrant
If you have checked your county court’s database only to learn that you have an active bench warrant, you now know that this means there’s currently an order out for your arrest. There are ways to resolve this, and a lawyer can help you explore your legal options.
At Simmrin Law Group, we have years of experience successfully litigating bench warrant cases in California. We can fight for your rights by working to get your warrant recalled or quashed. Alternatively, we can seek to have the court minimize your penalties.
When you contact Simmrin Law Group, we can set up a no-obligation consultation to discuss the details of your case and explain how we can help you move forward. You’ll have the opportunity to learn more about us and how we can help you at no cost.
Call or text (310) 896-2723 or complete a Free Case Evaluation form