Bench warrants in California are issued if you do not appear in court or adhere to a court order. You can be arrested if you have a bench warrant, but these warrants are not the same as arrest warrants.

What Constitutes a Bench Warrant?

California bench warrants may be issued in a few situations:

  • If you fail to appear for an arraignment, hearing, trial, or other mandatory court appearance
  • If you do not pay a court fine on time
  • If you violate probationary terms

California law allows bench warrants to be served in the same way as arrest warrants in any part of the state.

What is the Legal Offense of Failure to Appear?

Issuance of a bench warrant is often associated with the offense known as failure to appear. Depending on the circumstances of the case, failure to appear can be a misdemeanor or felony offense. After being charged with or convicted of a crime and released from custody, you must appear in court for your required hearings. Otherwise, it will appear as though you are trying to evade the court, and you could face a failure to appear charge and bench warrant.

How Does a Bench Warrant Distinguish Itself from Other Types of Warrants?

The most common types of warrants in California are bench warrants, arrest warrants, and search warrants. There are significant differences between each type, but they should all be taken seriously.

Arrest Warrants

An arrest warrant is intended to lead to the arrest of someone suspected of committing a crime. The police request this type of warrant based on probable cause that the person committed the crime.

Search Warrants

Search warrants are requested by the police when they have probable cause to search someone’s property for evidence of a crime. They usually include a specific location and the item the police are searching for.

Bench Warrants

As a reminder, bench warrants are issued when someone fails to appear for a scheduled and required court hearing, does not pay fines, or violates the terms of their probation. If you have an active bench warrant, it means the police can arrest you for violating a court’s orders.

What is the Process for Executing a Bench Warrant?

Once a bench warrant has been issued, police officers can arrest you and take you to court. The judge has the option to release you with a warning or keep you in custody.

How Can a Bench Warrant be Nullified or Quashed?

California bench warrants do not expire. A bench warrant will remain in effect until the warrant is cleared by the judge or the person dies. This does not mean that there are no options for getting rid of a bench warrant.

You can request that a warrant be quashed or recalled by the judge. A court appearance is required in order to clear the warrant, so this process poses the risk of being arrested when you show up to request the bench warrant be cleared. If you have an attorney, they can appear for you to make the request as long as you did not violate a felony case court order. In other words, your attorney can go to court without you if the bench warrant was due to your failure to appear in court or you did not make a payment related to a misdemeanor.

Are there viable legal defenses against failure to appear charges? The answer is yes. You or your attorney can argue that:

  • You did not violate the terms of the court order
  • You did not receive any notice of a court hearing
  • You did not know a case had been filed that required you to go to court

Other options include mistaken identity or an emergency situation that prevented you from appearing in court. There are no guarantees for the outcome of any case, but having guidance and representation from a criminal defense attorney gives you the best chance of success.

What Penalties Might One Face for Failing to Appear in Court?

In immediate response to your arrest under a bench warrant, the judge may decide to give you a warning and release you or to place you into custody. Which outcome you face will depend on factors like your criminal history and flight risk, as well as any other factors involved in the warrant being issued.

Ultimately, failure to appear charges could lead to penalties for probation violations, increased fines, driver’s license suspension, and jail time.

Contact an Experienced Criminal Defense Attorney in Santa Ana, CA

The Law Office of Sheny Gutierrez has been serving clients in Southern California for over 15 years. When you need a defense attorney to advocate for you and protect your rights, we will be there. Contact us for a free consultation today.