A bench warrant puts you at risk of arrest
If you’re a fan of criminal justice-type TV shows and movies, you may have heard the term “bench warrant.” It’s a common term used in pop culture, but its meaning isn’t always clear. It is important to know what a bench warrant is — especially if one has been issued against you.
Unlike an arrest warrant or a search warrant, a bench warrant is not issued because you are suspected of criminal activity. Instead, according to a criminal lawyer Los Angeles County, CA, a bench warrant is issued by a judge (from the “bench”) when a person has failed to obey a court order, pay a fine, or appear in court.
In California, a bench warrant allows law enforcement to arrest and detain a person, and bring him or her to court. A judge can either release that person with a warning, or order the person to go to jail. The decision about whether to release the person or place him or her into custody will be based on a number of factors, such as the person’s criminal history, flight risk, and the circumstances that led to the bench warrant.
For this reason, it is generally a good idea to clear a bench warrant, which may also be referred to as recalling or quashing a bench warrant. When this occurs, the bench warrant is cleared from California’s judicial system. To do so, a person must appear in court, or have his or her criminal lawyer Los Angeles County, CA appear on their behalf. However, an attorney can only appear on a person’s behalf if the bench warrant was issued due to a failure to appear or a failure to make a payment in a misdemeanor criminal case. If the bench warrant was issued in relation to a failure to obey a court order related to a felony case, then the person must appear in court to clear a bench warrant.
There are a number of arguments that can be made in an attempt to quash a bench warrant. For example, a skilled criminal lawyer Los Angeles County, CA can argue that a person never received a notice to appear in court, and therefore did not intentionally fail to appear in court. An attorney may also argue that his or her client has complied with all conditions and requirements of a court order, or that the client did not know that a case had been filed. A skilled criminal lawyer Los Angeles County, CA will understand the best arguments to make on behalf of the client, and the most effective evidence to offer.
If you have been charged with a criminal offense or have a bench warrant outstanding, the Chambers Law Firm can help. We represent clients throughout Los Angeles County on a range of criminal issues. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
