If you’ve discovered that a bench warrant has been issued against you in California, it’s crucial to take immediate and informed action. A bench warrant is a legal order from a judge compelling your arrest, typically due to a missed court appearance, unpaid fines, or failure to comply with a court order. Ignoring it can lead to serious legal consequences, including arrest, fines, and a permanent criminal record.
This comprehensive guide will walk you through what a bench warrant is, how to address it, potential penalties, and the steps you can take to resolve the issue.
What Is a Bench Warrant?
A bench warrant is a type of arrest warrant issued by a judge when an individual fails to appear in court as required. Unlike arrest warrants, which are typically issued by law enforcement based on probable cause, bench warrants are issued directly by the court. Common reasons for a bench warrant include:
Failure to appear for a scheduled court date.
Failure to pay fines or restitution.
Failure to comply with court orders, such as attending a mandated program or community service.
Under California Penal Code §978.5, a bench warrant can be issued when a defendant:
Is ordered by a judge or magistrate to appear in court and fails to do so.
Is released from custody on bail or their own recognizance and fails to appear as required.
Is cited by a peace officer and fails to appear in court as promised.
Consequences of Ignoring a Bench Warrant
Failing to address a bench warrant can lead to severe repercussions:
Arrest and Detention: Law enforcement can arrest you at any time, including during routine traffic stops or home visits.
Increased Bail or Denial: If arrested, you may face higher bail amounts or be denied bail altogether.
Jail Time: Convictions related to bench warrants can result in jail time. For instance, failure to appear in court for a misdemeanor can lead to up to six months in county jail.
Probation Violations: If you’re on probation, a bench warrant can lead to a violation, potentially resulting in additional penalties.
License Suspension: The California Department of Motor Vehicles (DMV) may suspend your driver’s license if a bench warrant is issued against you.
Criminal Record Impact: A bench warrant can appear on background checks, affecting employment, housing, and other opportunities.
Steps to Resolve a Bench Warrant
1. Consult with an Experienced Attorney
Before taking any action, it’s advisable to consult with a criminal defense attorney experienced in handling bench warrants. They can provide guidance tailored to your specific situation and help navigate the legal complexities.
2. Determine the Nature of the Warrant
Understand the underlying reason for the bench warrant. Was it due to a missed court date, unpaid fines, or non-compliance with a court order? The nature of the warrant will influence the steps needed to resolve it.
3. File a Motion to Recall the Warrant
In many cases, you can request the court to recall or quash the bench warrant. This involves filing a motion with the court, explaining why the warrant should be lifted. Common reasons for requesting a recall include:
Lack of Notice: You did not receive proper notification of the court date.
Compliance: You have since complied with the court’s orders.
Mistake of Identity: The warrant was issued in error.
If the underlying case is a misdemeanor, your attorney may be able to handle this process without your physical presence. However, for felony cases, you will likely need to appear in court.
4. Prepare for the Court Hearing
If a court hearing is scheduled, be prepared to present evidence supporting your case. This may include:
Proof of compliance with court orders.
Documentation showing that you were not properly notified of the court date.
Evidence of any extenuating circumstances that prevented your appearance.
Your attorney can assist in gathering and presenting this evidence effectively.
5. Attend the Hearing (If Required)
If the court requires your presence, attend the hearing as scheduled. Failure to appear can result in additional legal complications. During the hearing, the judge will consider your reasons for missing court and decide whether to recall the warrant.
Important Considerations
Bench Warrants Do Not Expire: In California, bench warrants remain active indefinitely until recalled by the court or the individual named in the warrant passes away.
Voluntary Surrender: If you’re aware of a bench warrant, voluntarily surrendering to authorities can demonstrate good faith and may lead to more favorable outcomes.
Payment Arrangements: If the warrant is due to unpaid fines, negotiating a payment plan with the court can be an effective way to resolve the issue.
Probation Violations: If the bench warrant is related to a probation violation, addressing the underlying issue promptly is crucial to avoid further penalties.
Conclusion
Addressing a bench warrant promptly is essential to minimize legal consequences and protect your rights. By understanding the nature of the warrant, consulting with legal professionals, and taking appropriate action, you can work towards resolving the issue effectively. Remember, proactive steps can often lead to more favorable outcomes in the legal process.
Need help handling a bench warrant in California? Contact Southwest Legal today for a free consultation. Our experienced criminal defense attorneys are here to guide you through the process and help you protect your future. Call us now to get started.
