California
Bench Warrants
Arrest
Warrant • Failure to Appear in Court
Reduce Bail • Recall a Bench Warrant
Los
Angeles Criminal Defense Attorney
California Criminal Lawyer
A
Bench Warrant is an Immediate Arrest Order
A
Bench Warrant is issued to an individual
for failing to appear in court at a required date
and time, or failing to pay a fine. This person
is in contempt of court, and the bench warrant
authorizes law enforcement to bring him/her to
court.
This
is different from an Arrest Warrant,
which is typically issued after a Grand Jury indictment
(criminal charge) or when someone is suspected
of a crime based on probable cause.
California
Bench Warrant Law
Under California Code of Civil Procedure, a judge
may issue a bench warrant if you fail to appear
in court when required by law.
Required
Court Appearances |
Superior
Court fixed a date and place for your
appearance following an indictment |
-
You were ordered to personally
appear before the judge
-
You were given a citation by a police
officer
-
You were released from custody and
promised to appear
-
You were scheduled to show proof
of progress or completion of community
service
-
You were scheduled for sentencing
or conviction after a plea or trial
|
|
The Bench Warrant is valid no matter
where you live—in California, another U.S.
state, or anywhere else. You can be arrested on
the spot and brought before the judge that issued
the warrant.
Bench Warrant Consequences
| A
bench warrant is a serious matter. |
•
Your driver’s license can be suspended
by the DMV (Department of Motor Vehicles)
• You’ll have to pay a fine
to get it reinstated if your bench warrant
is cleared
• You could be denied bail if you
have failed to appear in court multiple
times
• This means you could face jail
time depending on your case
|
Recalling
Your Bench Warrant
In some cases, a criminal defense attorney may be
able to recall the bench warrant (remove
it from the system) without you being present if
your case is a misdemeanor and the warrant isn’t
too old.
With a misdemeanor, you may avoid
bail altogether. With a felony,
the judge may request bail or the defendant may
be taken into custody. In
either case, you’ll improve your chances
of having the bench warrant recalled by
returning to court voluntarily, with
an experienced criminal defense attorney
by your side.
You
Need a Los Angeles Bench Warrant Attorney
Representing yourself in court is risky because
you have no experience with judges. Having the
right attorney who can speak on your behalf puts
you at a major advantage. It could improve your
chances of avoiding jail.
Experienced
los
angeles criminal defense attorney
Stephen G. Rodriguez & Associates can help
you stay out of jail or arrange for reduced bail
if the judge insists on putting you in jail.
| We
know the Los Angeles-area courts, judges,
prosecutors and bench warrant procedures,
and will help you by: |
-
Preparing the exact documents and information
the court requires to get a swift resolution
-
Explaining to the judge and prosecutor
the reason for the warrant
-
Convincing the court to release you on
your own recognizance (O.R. Release, which
is your promise to return to court), without
posting bail
-
Arguing for a reasonable bail and arranging
for the bail bondsman to be present at
court (if bail is required)
- Resolving
the underlying criminal case
|
Contact
Stephen G. Rodriguez & Associates for a free
consultation when you need an experianced los
angeles crimes lawyer.
If you believe there is an outstanding
Bench Warrant or Arrest Warrant,
call us immediately to discuss your situation
and strategy for taking care of your Bench
or Arrest Warrant. All conversations
are private and confidential.
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
Frequently
Asked Questions
California Bench Warrants
|
| How
do I know if there’s a warrant
for my arrest? |
With
a bench warrant,
you could contact the court where
you had your previous criminal case
and they’d tell you if one
exists. You should consult with
an attorney for the best outcome.
With
an arrest warrant,
you might not know until you’re
arrested. In rare cases, a detective
may call you and tell you there’s
an arrest warrant. An experienced
criminal defense lawyer could make
a few calls and find out if there’s
an arrest warrant.
|
What do I do if there’s a bench
warrant for my arrest? |
Make
arrangements immediately to go to
court and clear the warrant. To
avoid being taken into custody,
contact the attorney handling your
case and make plans to go to court
with the attorney. Until you return
to court to recall the warrant,
you’re at risk of being arrested
and brought to court at any time
of law enforcement’s choosing.
|
|
Do warrants (arrest
or bench)
expire? |
No! Warrants are only cleared when
the defendant appears before a judge
in the court that issued the warrant,
or when the defendant dies.
|
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