Bench warrants are often issued in California when someone fails to pay a fine, violates probation, does not follow a court order, or fails to appear in court. It is important to address a bench warrant as soon as possible because substantial penalties can be associated with them. Warrants can cause complications with routine traffic stops, air travel, car accidents, and immigration.

If you have an active bench warrant, the police can arrest you at any point. There is no set duration of bench warrants; they do not expire. You must take specific action to clear the warrant.

Understanding Bench Warrants

Judges issue bench warrants for failing to obey a court order; they are not generally associated with a new criminal offense. Bench warrants are issued for a variety of reasons, but they are often among the consequences of failing to appear in court. Not paying a court-ordered fine is another common reason for a bench warrant.

They differ from arrest warrants in that they are not based on probable cause of a crime being committed. Judges issue bench warrants because of a failure to comply with a procedure. However, despite that difference, you can be arrested if you have an active bench warrant.

Procedures for Resolving a Bench Warrant

To resolve a bench warrant, which is also known as quashing a warrant, you must act quickly to avoid being arrested. The process to quash a bench warrant is as follows:

Appear in Court

Appearing in court will often get the process started, especially if the bench warrant was issued for failure to appear or pay a fine. If you have an attorney, they may be able to appear on your behalf for minor offenses. Serious charges, such as felonies, will likely require you to appear in person.

Obtain Legal Counsel

An experienced criminal defense lawyer will know how to address your bench warrant and can stand in for you in court if allowed. When you have an active bench warrant, appearing in court to quash the warrant could result in your arrest. Your attorney can appear for you and present an argument as to why your warrant should be resolved or quashed.

Build a Defensive Strategy

Regardless of whether you have a lawyer, presenting a defense as to why the warrant should be quashed will be important. If the warrant involves a missed court hearing, you may be able to argue that you did not receive notice of the hearing. Other possible defenses include mistaken identity and compliance with the court order. Your attorney can help you prepare your defensive strategy prior to making an appearance in court.

What Problems Do Warrants Cause?

An active bench warrant means that you can be arrested at any time, so there are numerous problems that this scenario can cause. The consequences include:

  • Being arrested

  • Being charged with additional offenses

  • Spending time in jail

  • Employment issues

  • Travel restrictions

  • Embarrassment from being arrested in public

Additional Categories of Warrants

Bench warrants are not the only type of warrants in California. There are also arrest warrants, search warrants, extradition warrants, and alias warrants.

  • Arrest warrants are issued if there is probable cause that you committed a crime.

  • Search warrants allow police officers to search a specific location for evidence of criminal activity.

  • Extradition warrants are issued when a person who is accused of committing a crime leaves the state.

  • Alias warrants are similar to bench warrants in that they involve failure to appear in court, but these are issued if you do not appear for a hearing before a plea is entered.

How to Find Out if You Have a Warrant

Because bench warrants can wreak havoc on your life, you may want to know how you can check for active warrants to avoid being arrested or experiencing other consequences of ignoring the warrant. You can access either the County Sheriff’s Office or Superior Court websites and search for your name. You can submit your fingerprints to the California Attorney General’s website and order a criminal history record. You can also order a background check from a third-party service.

If you have an attorney, they can contact the police department to inquire about any active bench warrants. This should only be done by your criminal defense lawyer; it is not a recommended strategy if you do not have an attorney.

Contact a California Criminal Defense Attorney

No legal outcomes can be predicted or guaranteed, but if you have questions about arrest statistics for bench warrants, timeframes for issuance of warrants, or are looking for individualized guidance in your case, a criminal defense attorney is your best resource. Contact the Law Offices of Sheny Gutierrez to schedule a free consultation.