Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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People facing a bench warrant hearing must generally know the following:
A bench warrant in most states is a court order that instructs law enforcement personnel to detain you and hold you in custody until you can be brought before a judge to answer for defying a court order.
The warrant is often issued after someone:
Note that a bench warrant is a different type of warrant than an arrest warrant. A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.
If you are subject to a bench warrant, you can attend a bench warrant hearing to try and recall or quash the warrant.
Most state courts will not recall or drop a bench warrant on their own. Further, bench warrants do not expire after a certain amount of time. They usually remain in effect until the person subject to the warrant dies.
This means that you typically have to attend a bench warrant hearing in order to recall it.
The court hearing is held before a judge and your goal is to show that your failure to appear for the prior court date was justifiable or excusable.
“Winning” a bench warrant hearing essentially means that you convince the judge that you:
You can try to accomplish these goals by showing that you:
You should not. If you do not clear a bench warrant, law enforcement personnel have the authority to arrest you and bring you to court.
Once brought to court, the judge can either:
The judge will usually make this decision after considering your:
Note that sometimes people are released on their own recognizance after being charged with a crime. This means they do not have to face jail time during their criminal cases, but they still have to attend any mandatory court appearances (such as an arraignment).
If you fail to attend one of these appearances, most jurisdictions say that you are guilty of a misdemeanor offense.1 The offense is called “failure to appear” or “FTA.”
If you do fail to appear, a judge will issue a bench warrant for your arrest. This act will trigger a bench warrant hearing.
If you avoid a bench warrant hearing in this case, you will have to address the consequences for:
You can typically check online or call your county courthouse or superior court to see if there is a bench warrant in your name.
You can also search for an outstanding warrant by calling the phone numbers for:
It is critical for you to contact an experienced criminal defense lawyer if you are the subject of a bench warrant.
If you appear in court in an attempt to clear a warrant on your own, the judge does have the option to place you in custody. A lawyer, therefore, is important to help ensure that this does not happen.
A knowledgeable attorney is also helpful because he/she will know:
Note that most lawyers and law firms provide free consultations. This means you can get legal advice regarding a court hearing without paying a dime.
Further, your communications with a defense attorney are protected by the attorney-client relationship. An attorney cannot disclose your confidences without first getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.