If you have an active bench warrant, it means a judge has issued an order authorizing law enforcement to arrest you. Bench warrants are typically issued for failing to appear in court, violating probation, or not complying with a court order.
Additionally, it would help if you came to the courthouse to clear an active bench warrant, as it will never expire. If you or a loved one is dealing with this legal situation, the Los Angeles criminal defense lawyers at Simmrin Law Group can review your situation and advise you on your legal options. You can call us today for a free consultation.
What Does a Bench Warrant Do, and Why Are They Issued?
A bench warrant allows police to arrest you at any time, whether at home, at work, or during a routine traffic stop. There’s no statute of limitations on warrants, meaning they remain active until you are under arrest or the court withdraws them.
This type of warrant can be used for:
- 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
For a free legal consultation, call (310) 896-2723
Failure to Appear in Court (FTA)
Failure to appear in court (FTA) is the most prevalent reason judges issue bench warrants. Along with failing to appear in court and issuing this warrant for arrest, a judge will find you in contempt of court. This can come with penalties, including:
- Suspension of driver’s license
- Probation violation
- Expensive fines
- Increased or forfeited bail
- More jail time
You can clear a failure to appear in court in California. Still, if you can appear in court, you should.
An outstanding warrant can also affect future interactions with the judicial system, as having a history of failing to comply with court orders can adversely affect decisions about your future. It would not be wise to skip your court date for all of the above reasons. Even if you believe you are innocent and that there is no reason to show up to court, it is still a smart move to do so.
How to Find Out if You Have an Active Bench Warrant
It is never a good feeling to wonder if warrants are out for your arrest. If you missed your court date, you can check if you have an outstanding bench warrant. Remember, law enforcement officers can arrest you at any moment.
There are a few different ways to determine whether you have active warrants. These include:
- Checking for warrants online for free in California. (This includes digital county court and sheriff records.)
- Calling the local police department to see if you have active warrants for a local/county court.
The latter option could be riskier. This is because any active warrants found will lead to the police arresting you immediately.
To determine if you have any active warrants for federal courts, you can always check with your district court and 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.
Is There Bail for a Bench Warrant?
Once authorities arrest you for the active bench warrant, there is a bail bond. Once you post bail, you will be released from custody and given a new mandated court date. The bail for a bench warrant is typically large enough to cover the original matter and the failure to appear in court.
If you posted bail for the original matter but missed the court date, the bail is then forfeited. Having a convincing reason why you missed the original court date could allow a judge to let you get the bail back or credit toward any outstanding fines.
Complete a Free Case Evaluation form now
How Long Do You Have to Stay in Jail?
Jail time is one consequence of being found in contempt of court. According to California Penal Code § 853.7, anyone who knowingly misses their court date has officially committed a crime. When offenders violate a written promise to appear in court, they are guilty of a misdemeanor charge.
How long you must stay in jail depends on the nature of the original crime you are accused of. A pending misdemeanor case can result in up to six months in jail with no bail. A pending felony case can result in a year of jail time with no bail or a prison sentence of up to three years.
A bench warrant for failure to pay the court can land you infractions or misdemeanor charges if the judge finds that it was due to willful negligence. However, this will not typically grant you jail time.
How Do You Clear an Active Bench Warrant?
Once people find out they have active bench warrants, they want to find out the fastest and easiest way to clear them. This is called ”recalling and quashing” the warrant because it will be wiped away from the judicial system. Having compelling evidence for missing your court date is the best way for the bench warrant to be nullified or declared invalid.
Missing the court date for a pending misdemeanor case is not as bad as missing the court date of a pending felony case. This is because your defense attorney can get the bench warrant recalled and quashed in your absence. You must be present to have it cleared if it is for a pending felony case. The only other way to have the bench warrant voided depends solely upon the judge.
When Can a Bench Warrant Be Dismissed?
A bench warrant can be dismissed for various reasons, including:
- If you voluntarily appear in court, cooperate, and address the issues that led to the warrant.
- The case for which the warrant was issued is resolved through a plea agreement, dismissal of charges, or the completion of a sentence.
- A clerical error, such as mistaken identity or wrong identification
- The person named in the warrant died
If you are not sure how long a bench warrant lasts in California, you can call our law office for further information.
Statute of Limitations and 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, depending on the circumstances. However, this is a rare exception.
Having your defense lawyer fight for your bench warrant to be recalled and dismissed could increase lead to it being cleared entirely. A lawyer can provide the best legal strategy for your situation, depending on the case’s specific details and complexity.
Call Us If You Find Out You Have an Active Bench Warrant
If you have checked your county court’s database and learned you have an active bench warrant, it means a judge has issued an order for your arrest. There are ways to resolve this, so consider exploring your legal options with a lawyer from our law firm.
We have more than a decade of experience successfully litigating bench warrant cases in California. We can fight for the warrant to be recalled and quashed or seek to have the court minimize the penalties you face. Call Simmrin Law Group today or contact us online to receive a free evaluation of your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form