A bench warrant is a court order for your arrest since you failed to appear for a required court date. Any contact with a police officer can result in them looking your name up to see if you have any bench warrants. If you were pulled over for a traffic stop, they may have already arrested you.
What should you do if you are served a bench warrant in California? Do not ignore it.
Whether you have been served or arrested, calling a criminal defense lawyer in Los Angeles should be the first thing on your list. You should not try to navigate the legal system on your own. We can give you advice on how to handle the warrant.
What if I am Unsure if a Bench Warrant Has Been Issued?
If you think there might be a bench warrant with your name on it, but you haven’t been served yet, you may want to check for outstanding warrants online. If you find a warrant has been issued, we offer the same advice – call a criminal defense lawyer. Do not go down to the police station and turn yourself in without a lawyer.
For a free legal consultation, call (310) 896-2723
What Is a Bench Warrant?
If you’re not familiar with the legal system (and let’s face it, most people aren’t), it helps to know exactly what a bench warrant is and what it isn’t.
Bench warrants are the most common warrants issued. A judge issues bench warrants “from the bench” – hence the name. A bench warrant is not the same thing as a criminal arrest warrant, which a judge issues when someone is suspected of criminal activity, such as robbery, burglary, assault, etc.
Judges typically issue bench warrants for a number of reasons, including:
- Failure to appear in court
- Failure to obey another court order (such as failure to pay court-ordered child support)
- Failure to pay a fine (including speeding tickets)
- Probation violation
What if I Am Having Problems Complying With the Terms of the Bench Warrant?
When you have a bench warrant, It is important that you do not ignore the court order or fail to show up in court. Contact an attorney as soon as possible. We can help you determine the best course of action even if you are having trouble with compliance.
A criminal defense attorney in Los Angeles may be able to assist even if:
- You are having trouble with transportation or illness, and you might have trouble appearing in court
- You are having trouble paying child support and need to renegotiate terms
- Your financial circumstances have changed, and you are having trouble paying a fine
- You’re having trouble meeting the terms of your probation
You may have legal options, and an experienced lawyer will be able to advise you.
Failure to Appear
Failure to Appear warrants are very common. A judge issues a bench warrant for Failure to Appear if you fail to:
- Attend all judicial proceedings in person whenever called upon, whether to testify as a witness, to appear at one’s own arraignment, report for jury duty, pre-trial, or sentencing hearing, among other reasons.
- Personally attend progress hearings while you are on probation
- Participate in any court-mandated education or treatment programs (such as anger management classes, drug treatment, etc.) and provide documentation of your enrollment.
Failure to appear in court in California carries penalties. Ignoring a bench warrant can worsen a difficult situation. Contact a Los Angeles criminal defense lawyer to learn the best course of action.
Probation Violation
A judge may issue a probation violation bench warrant if you are on probation for a previous criminal offense, and you have failed to follow the terms of your probation agreement. This is why it’s important to comply with the terms of your probation. If the court finds that you are not, the judge can call for your arrest for any violation. It doesn’t matter if you think something is a waste of time, or it’s inconvenient.
Common examples of probation terms:
- Enroll in and complete court-ordered programs (DUI school, drug treatment programs, etc.)
- Mandatory drug and alcohol testing
- Community service
How Long Do You Have to Turn Yourself In?
Your continued freedom is dependent on you complying with the terms of your probation. If you have knowingly violated your probation, you could face arrest at any time.
Failure to appear, failing to pay fines or restitution, disobeying a court order, or violating the terms of your probation are all considered “contempt of court.” A contempt of court case automatically triggers a bench warrant. If you’ve been served a bench warrant in California, you could face several penalties, including:
- Probation violation charges
- Enhanced (or raised) fines
- Suspension of your California driver’s license
- A county jail or California state prison sentence
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What if I Show Up to Court Voluntarily?
Voluntarily appearing in court to address a bench warrant has both benefits and risks. The main benefit is demonstrating a willingness to comply, which may result in a more favorable outcome compared to being arrested involuntarily.
Additionally, voluntary appearance shows respect for the legal process, which could help during future proceedings. However, the risk is that the judge has the authority to detain you.
Hiring counsel increases the chances of efficiently resolving the warrant while minimizing the potential negative consequences of a voluntary court appearance.
How Do I Get My Bench Warrant Quashed?
If you have a bench warrant out for your arrest in California, it is important to take the necessary steps to resolve it as soon as possible. To clear a bench warrant, you or your attorney will need to appear in court to request that the warrant be recalled or quashed.
This process involves explaining to the judge why you missed your court date or failed to comply with a court order and providing any supporting documentation that may help your case.
By taking the initiative to appear in court and demonstrate a willingness to rectify the situation, there is a chance that the judge may recall the warrant and provide you with an opportunity to address any outstanding issues.
Remember that seeking legal advice from an experienced attorney can greatly assist you in navigating the court process and successfully clearing a bench warrant in California.
Contact a Criminal Defense Lawyer About Your Bench Warrant
As you can see, the penalties could be pretty substantial. Applicable penalties vary depending on whether your failure to appear was in conjunction with a misdemeanor or felony charge.
If you have been served with a bench warrant in California, call a Los Angeles criminal defense lawyer before you do anything else. Don’t talk to the police until you’ve talked to your lawyer.
A good criminal defense attorney may be able to help you quash a bench warrant. That means it is cleared from the judicial system. Your lawyer will be able to put forth reasoned arguments on your behalf that can get the penalties reduced.
If you need a criminal defense lawyer in Los Angeles, contact Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form