In California, a bench warrant is a legal document issued by a judge instructing law enforcement to arrest a subject immediately. It is typically served when the subject fails to comply with a court order. Once arrested, the subject must face the original charges plus any charges resulting from the bench warrant.
If you have a bench warrant, you will be arrested. In California, a bench warrant is considered contempt of court, and it can carry serious consequences. You may face additional fines or jail time.
It is smart to plan to turn yourself in. First, contact a skilled Burbank criminal defense lawyer to understand your options. Everyone makes mistakes, and you need someone to help you move forward.
How Does a Bench Warrant Work?
Judges in California can issue a bench warrant for the arrest of anyone who is in contempt of court. Bench warrants are commonly issued for if you:
- Fail to pay court-ordered fines
- Fail to obey orders from the court
- Fail to appear in court for any hearings
Judges can also issue a bench warrant if a grand jury indicts you but you are not in custody at the time of the indictment.
Bench warrants do not expire in most cases, regardless of the initial reason they were issued. They remain on your record until they are legally resolved. In California, a judge generally must remove a bench warrant.
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What Is a Bench Warrant Vs. Arrest Warrant?
Bench warrants are not issued to arrest you for a crime. Arrest warrants are used in this circumstance, and while they are similar to bench warrants, the criminal justice system handles them differently.
An arrest warrant is issued by a judge when they believe there is probable cause that a subject has committed a crime. A judge may do this after law enforcement has presented appropriate evidence implicating the subject of the warrant.
Steps to Execute a Bench Warrant in California
Law enforcement officers in California are responsible for executing bench warrants, and they must act quickly. Misdemeanor warrants must generally be executed between 6 a.m. and 10 p.m.
Felony warrants can be executed regardless of the time of day. Additionally, in some cases, the court may allow officers to serve a misdemeanor warrant in the night if they have “good cause.” Good cause may be established if the subject has a history of ignoring court orders or has multiple outstanding warrants.
What Happens When You Are Arrested on a Bench Warrant?
If you are arrested for a bench warrant, law enforcement officers will bring you before a judge in California. Depending on your situation, you may be brought to:
- The judge who issued your warrant
- Any judge in the county where you were arrested
- Any judge in the county where the warrant was issued
In some cases, you could be released with a warning. However, a bench warrant can lead to fines and incarceration in many circumstances. A skilled attorney can help you understand what you should do if you are served a bench warrant in California.
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Criminal Charges and Bench Warrants in California
In California, failure to appear in court when ordered to do so may result in criminal charges. Failure to appear is prosecuted as a misdemeanor or a felony under Article 10 § 1320 of the California penal code.
A misdemeanor conviction can lead to fines of up to $1,000 and jail time of up to six months. Felony charges for failure to appear can result in higher fines and a harsher period of incarceration.
How Do You Clear a Bench Warrant in California?
Only a judge can clear a bench warrant. This means that bench warrants must be handled in court. In some situations, a lawyer can handle court appearances for you. In other situations, you will have to go to court with your lawyer.
You may turn yourself in for a bench warrant, and this is sometimes recommended. However, you should speak to a criminal defense lawyer before surrendering yourself to court custody.
You may be able to clear your bench warrant without going to jail in California. A lawyer may be able to help you avoid an arrest, jail time, or high fines. Consult your attorney on the specifics of what a bench warrant is going to mean for you.
Get Help With Your Bench Warrant
Once issued by a judge for contempt of court, a bench warrant means you will be arrested. You will face the original charges that landed you in court, plus any charges resulting from your bench warrant. That can mean major fines and additional jail time.
If you currently have a bench warrant in California, you’ll need to turn yourself in. But you don’t have to take on the legal system alone. An experienced criminal defense lawyer can help you weigh your options and work toward the best possible outcome.
At the Simmrin Law Group, Michael Simmrin has decades of experience fighting for the rights of people like you. Contact us today to learn how we can help.
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