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.
Crimes by Code
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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Once you turn yourself in for a bench warrant, you will go before a judge for a hearing which should result in the warrant being recalled and quashed. Your goal at the hearing is to show that your violation of the court’s order (leading to the bench warrant) was justifiable or excusable.
Depending on the facts of your case, you might have to remain in jail until your bench warrant hearing takes place.
At the completion of the hearing, the judge can either:
Note that a bench warrant in most states is a court order that instructs law enforcement officers to detain you and hold you in custody until you can be brought before a judge for a court hearing.
In most criminal cases, a judge issues a bench warrant if you either:
With regards to turning yourself in for a bench warrant, you may be able to contact the court that issued the warrant to schedule a court date for a hearing. You can also turn yourself in by going to your local police department or sheriff’s office. In either event, you should consult with a criminal defense attorney for help.
If you turn yourself in for a bench warrant, it is possible that you go to jail until you can appear before a judge for a bench warrant hearing.
In some cases, you might be able to avoid jail time and remain out of custody, but you will still have to make a court appearance to address the warrant.
If you are placed in custody, you might be able to post bail by paying a bail amount via:
In some extreme cases, you might be placed in custody with no bail. This might occur if you:
A bench warrant hearing is essentially a court proceeding where a person appears before a judge to address an outstanding bench warrant.
In most cases, a judge issues a bench warrant after you failed to appear for a required court date.
A main goal at the hearing, therefore, is to try and explain to the court why you might have been justified in missing a court appearance.
You can often try to accomplish this goal by showing that you:
At the completion of the hearing, the judge can either:
In some cases, you can turn yourself in by contacting the court that issued the bench warrant.
The court could issue you a new court date to attend, or it might require you to turn yourself in at your local police station.
Depending on the facts of the case, a police officer may:
Sometimes a court will impose penalties if you fail to make a court date. The specific penalties will often vary depending on:
With that said, however, if you miss a court date, a judge can hold you in contempt of court and impose the following penalties:
Note that a state’s DMV can even suspend your driver’s license for failing to appear.1
Yes. You should consult with a skilled criminal defense attorney or public defender if there is an outstanding warrant against you.
This is true for any type of warrant (for example, no matter if there is an outstanding bench warrant or arrest warrant against you).2
Experienced attorneys can:
Note that most bench warrant lawyers and law firms offer free consultations. A free consult means you can receive legal advice at no charge.
Further, your communications with an attorney are protected by the attorney-client relationship. This means a lawyer cannot disclose your confidences without first getting your consent.
Also see our article on how to clear a bench warrant without going to jail.
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.