Clearing a Bench Warrant in California: Avoiding Jail Time

Understanding Bench Warrants in California

According to SL, a bench warrant, as defined by California Penal Code 978.5, is issued by a judge when a defendant fails to comply with court orders or misses a scheduled court appearance [1]. This type of warrant allows police to arrest you and bring you to court, potentially leading to immediate or delayed custody.

How a Bench Warrant Functions

A bench warrant can stem from non-criminal cases but may still result in criminal charges. Common reasons for bench warrants include:

• Missing a Court Date: Skipping a scheduled court appearance, whether for a traffic ticket, arraignment, pretrial conference, trial, or sentencing, can prompt a judge to issue a bench warrant.
• Disobeying a Court Order: Failing to adhere to court orders, such as paying traffic fines or child support, can also result in a bench warrant.

When a judge issues a bench warrant, it mandates your appearance in court. Depending on your criminal history and perceived flight risk, the judge may either release you with a warning or take you into custody.

The consequences of not appearing on your scheduled court date can be severe, including fines and penalties. You might lose your driver’s license in some cases. In others, you could remain in custody awaiting a new court date. Though bail may be available, the set amount may be significant

Bench Warrant vs Arrest Warrant

According to SL, a judge issues an arrest warrant when there is probable cause to believe you have committed a crime, based on evidence or reasonable suspicion. This warrant authorizes law enforcement to arrest you and bring you before the court to face charges [2].

Once arrested under an arrest warrant, you will be brought to court to be formally charged. The judge will inform you of the charges and set bail if necessary, allowing you to plead guilty or not guilty and proceed with the legal process.

Unlike a bench warrant, which is issued for failing to appear in court, an arrest warrant is specific to a particular crime. Law enforcement can only arrest you for the offense specified in the warrant, although they can arrest you for another crime if they have probable cause.

The difference between a bench warrant and an arrest warrant is significant. A bench warrant is issued when you fail to show up to court, while an arrest warrant is issued when law enforcement believes you’ve committed a crime

Can a Defense Attorney Have a Bench Warrant Removed?

According to EG Attorneys, if a bench warrant is issued against you, it is possible to have it removed (cleared) before it is executed. Clearing a warrant removes it from the California judicial system, eliminates the threat of arrest, and prevents it from appearing on background checks [3].

Removing a warrant requires you to give a valid reason for the initial failure to appear or comply with the court order. Valid reasons may include not receiving the initial court notice or experiencing an unavoidable emergency

In some cases, particularly for misdemeanors, your attorney might be able to appear on your behalf to have the warrant cleared. However, for felonies or more serious offenses, you will likely need to appear in person.

Additionally, fulfilling any outstanding obligations, such as paying fines or completing court-ordered programs, can aid in quashing the warrant. Defense attorneys play a crucial role in helping individuals clear and remove criminal warrants in California, providing necessary research and representation to navigate the legal process.

Related Articles:

• 5 Types of Warrants
• What is an Arrest Warrant?
• What Happens at a Misdemeanor Arraignment Hearing?

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References:
1. https://salciullalaw.com/blogs/what-is-a-bench-warrant/
2. https://www.scardellalawfirm.com/blog/whats-the-difference-between-a-bench-warrant-and-an-arrest-warrant/
3. https://www.egattorneys.com/clear-bench-warrant