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.
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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.
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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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A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing.
Six key things to know about bench warrants are:
The most important thing to know about a bench warrant is that, like an arrest warrant, it can lead to your arrest. A bench warrant is basically an order from a judge for police to find you, detain you, and bring you to court.
Once arrested on the bench warrant, it may be several days before you can be brought to court.
Once in court, the judge will either:
In some cases, bail may be set. If you manage to post bail, you will be released.
In other cases, you will be released on your own recognizance.
Bench warrants are only different from arrest warrants in that these types of warrants:
Bench warrants are a tool that courts use for lots of different reasons to ensure their orders are followed. 5 common reasons that bench warrants are issued are if you:
Bench warrants are powerful tools for judges if they think their orders are not being followed or taken seriously.
Once a bench warrant is issued, police officers will execute it by arresting you. How vigorously they enforce the bench warrant will depend on several factors, including:
In serious cases, the police will actively seek you out. They may go to your known place of residence to execute the bench warrant right after issuance.
In less serious cases, the police will look for you passively. If you cross paths with a law enforcement officer and there is an outstanding bench warrant with your name on it, they will execute it at that time. This happens most often at a traffic stop.
Note, though, that bench warrants typically do not expire. Once a judge issues a bench warrant, it will stay pending until it is either:
Bench warrants can be recalled and quashed, removing it from the judicial system. This is also referred to as clearing the warrant. Recalling a bench warrant generally requires persuading the judge at the bench warrant hearing that you:
The criminal defense lawyers at our law firm have found that bench warrants can often be quashed by a lawyer in your absence if it is connected to a misdemeanor offense. If it is a felony case, you generally have to be present at the bench warrant hearing.
Having legal representation during this process is essential. You could be held in jail if you do not persuade the judge. A criminal defense attorney can take measures that make this less likely.
Failure to appear at a mandatory court appearance is a crime. If you do not appear when required to do so in a criminal case, another criminal charge will be filed against you.
Some states, like California, have different criminal laws and penalties for failing to appear, depending on the underlying case:
Failing to appear is generally a misdemeanor with less than a year of jail time. However, it may be a felony if the underlying criminal offense is a felony.[1]
This is in addition to the underlying offense.
Furthermore, failing to appear will not look good in your underlying case. Depending on the circumstances, the judge may see you as unreliable or even as a flight risk. If there comes another time where you ask to be released while your case is pending, you may get denied or have extra terms and conditions attached to your release.
One way to respond to a bench warrant is to turn yourself in. There are several benefits to doing so:
However, the judge may still decide to hold you in jail after you turn yourself in. The best way to avoid this outcome is to have a lawyer with you when you turn yourself in. An experienced criminal defense attorney will know the best way to ensure that you get released.
Legal References:
[1] See, for example, California Penal Code 1320 PC and Virginia Code 19.2-128.
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.