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What is a Bench Warrant?
A bench warrant is issued by a judge when a defendant violates court rules, such as failing to appear. Once issued, law enforcement can treat it like any other arrest warrant and arrest the defendant [1].
Bench warrants can arise from unpaid fines, missed court appearances, new charges, or probation violations.
When a bench or arrest warrant is issued, law enforcement can arrest the person immediately, no matter the time or place.
To resolve a warrant, it’s best to have an attorney request a Recall of the Warrant, or seek a bond reduction for new felony charges.
The most effective solution is having the warrant recalled by the court .
What Does it Mean to Recall a Bench Warrant?
According to SCLG, most courts will not recall or dismiss a bench warrant (BW) on their own.
If you have a bench warrant, you must take action to get it cleared, a process known as “recalling” or “quashing” the warrant [2].
Quashing a bench warrant removes it from the state’s judicial system.
To recall a warrant, you must appear in court. Your attorney can appear on your behalf if you:
- Failed to appear for a court date, or
- Failed to make a payment related to a misdemeanor offense.
However, if you failed to comply with a court order from a felony case, you must appear in court personally, with or without an attorney, to clear the BW.
In attempting to quash a bench warrant, you or your attorney can argue that:
- You never received a notice to appear in court.
- You complied with all the conditions and requirements of the court order.
- You were unaware that a case had been filed against you.
- There has been a mistake in identity.
Steps to Recall a Warrant
If you need to have a warrant recalled, it’s essential to take the right steps to address the issue quickly and effectively.
Here’s a breakdown of the process:
- Contact an Experienced Criminal Defense Attorney: The first step is to reach out to an experienced criminal defense attorney who can guide you through the process.
- Provide Relevant Documents and Information: Share all relevant documents and background information with your attorney. This includes explaining why the warrant was issued and any factors that may affect your case [3].
- Attorney Requests the Court to Recall the Warrant: Your attorney will file a request with the court to have the warrant recalled.
- Appearance in Court: In misdemeanor cases, your lawyer can often represent you in court, allowing you to avoid taking time off work. However, for felony offenses, you may be required to appear in court alongside your attorney.
Typically, your warrant can be recalled if you complete the actions that led to its issuance, such as:
- Paying any fines or fees
- Providing proof of completing court-ordered programs or counseling
- Making required court appearances
- Meeting with your probation officer
- Making court-ordered restitution
If your warrant involves a felony crime, you may be required to post bail in order to have the warrant recalled.
In some felony cases, you will have to be taken into custody if you are facing a felony probation violation.
If this is the case, you may not be able to post bail until such time as you appear at a probation violation hearing.
An experienced criminal defense attorney can represent you at this hearing and potentially reduce your bail or connect you to a bail bondsman with reduced fees through attorney-referred bail bonds.
Understanding Conditions of Release, Bonds, and Orders for Arrest
When you’re released from jail, it’s important to understand the terms of your release and the potential financial consequences of failing to comply.
Below are key details regarding the conditions of release, bonds, and the potential for an arrest order to be issued.
Conditions of Release and Bonds
Many release orders require a bond, either monetary or a promise to pay if you fail to attend court. Even if you are released on an unsecured bond, missing court can result in financial penalties.
Bond Forfeiture and Increased Bond Amounts
If you miss court, your bond can be forfeited, and the amount may increase. This can result in further financial burdens and complications for your case.
Order for Arrest (OFA)
An Order for Arrest (OFA) directs law enforcement to actively seek and arrest the defendant. If the bond is forfeited, the OFA may be served, resulting in the person being taken back into custody.
Striking the OFA and Forfeiture Orders
In some cases, defense counsel may request the court to strike both the Order for Arrest and the Order of Forfeiture. A hearing may be allowed to recall these orders and avoid further legal consequences.
What to Do if You Have an Outstanding Order for Arrest
If you have an outstanding OFA, it’s crucial to act quickly. Consult with an experienced criminal lawyer to explore your legal options and take steps to resolve the issue.
Related Articles:
- 5 Types of Warrants
- Bench Warrant Explained
- Levels of Home Confinement Rules
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References:
1. https://www.nolo.com/legal-encyclopedia/question-whats-bench-warrant-28274.html
2. https://www.shouselaw.com/ca/blog/can-a-bench-warrant-be-dropped-in-california/
3. https://www.wklaw.com/mean-warrant-recalled/