Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
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Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
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.
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Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices.
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If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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There is generally not a set or limited amount of time in which you can be held in custody if you are arrested or detained on a bench warrant.
If you are awaiting trial, you could potentially be kept in jail until the trial is completed. If you are arrested for failure to appear or violating a court order, you may be held in jail until you comply with the court’s orders.
If you are facing a criminal charge, a bench warrant can hold you in jail until the completion of your trial, which is often several months. If you are convicted of the underlying offense that led to the warrant, you could face more time in jail.
Bench warrants, themselves, do not carry any jail time. (Neither do arrest warrants.) Most bench warrants are issued for:
Once the warrant is executed, however, you are brought into custody.
After the bench warrant is executed, you will be held in jail until you can be brought in front of a judge. Depending on the jurisdiction, this has to happen within a few days. In California, it has to happen within 48 hours.1 Bail will be set.
If you are unable to post bail, you will be held in confinement until the day of the trial for the offense that led to the warrant being issued. This can last several months.
If you are convicted for the offense that led to the warrant’s issuance, that jail sentence will have to be served, as well.
In California, a conviction for contempt of court carries up to 6 months in jail. A conviction for failure to appear depends on the offense that was pending when you did not appear in court. If:
However, you are likely to be given credit for time already served. This is all in addition to the underlying criminal offense. The time spent in confinement can grow, quickly.
For example: Jeff is arrested for driving under the influence (DUI). He faces felony criminal charges because it is his fourth DUI offense. He then deliberately skips a mandatory court appearance. The judge issues a bench warrant. Jeff is arrested. He now faces up to 3 years in prison for the DUI, and up to 3 years in prison for his failure to appear.
Bench warrants can also be issued if you are not currently facing criminal charges. This happens most often for:
If you are a non-defendant and arrested under a bench warrant, you can also be held in jail. If the warrant is executed while court is not in session, you will be held in jail until you can be brought in front of a judge. In California, this can lead to up to 48 hours in custody.4
If you are a non-defendant and violate court orders, you will likely be charged with contempt of court. This charge can carry jail time.
In California, a witness who is in court, but who refuses to testify, can be held in civil contempt. This can carry up to 5 days in jail and a fine.5
Judges can also hold the witness in jail until they have testified or the trial is over.6 In the worst cases, the witness can face criminal charges for contempt of court. These charges carry up to 6 months in jail.
Bench warrants are issued by the judge. They tell the local police department to find you and arrest you so you can be brought to court. They are most commonly issued because you:
Once issued, law enforcement officers will look for you. In many cases, your driver’s license will be suspended by the state Department of Motor Vehicles (DMV).
When bench warrants are for a minor offense, police officers generally do not actively look for you. When police find you, usually during a traffic stop, you will be arrested.
You will be held until you can be brought before a judge for a hearing. The judge will likely set bail. Once bail has been posted, the judge will set a new court date.
Importantly, outstanding bench warrants do not expire after a set amount of time. They are effective until recalled by the judge (or until you die).
However, bench warrants can be quashed or cleared. If successful, this will lead to the judge recalling the warrant. You or your criminal defense attorney can quash a warrant by showing that you:
Failure to appear is the crime of willfully being absent from a required court date with the criminal justice system.
If you are charged with failure to appear, you will still have to deal with your underlying criminal offense. The FTA charge will be an additional criminal case.
It can lead to an additional blemish on your criminal record. It can also amount to a probation violation, which can lead to revocation.
Some states, like California, have different laws that cover missing court dates in different circumstances:
For more information, refer to the following:
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.