Do Bench Warrants Expire in California?

If you have ever had a California bench warrant issued against you, you may wonder when it will expire. The short answer is that it never will. You will need to take proactive steps in order to resolve any outstanding bench warrants. However, you should also consult with an attorney before attempting to quash a bench warrant. Skilled counsel can advise you on the best ways to ensure the warrant is recalled without you spending time in jail.

What Is a Bench Warrant?

A bench warrant is not issued to arrest you for suspected wrongdoing or criminality. Instead, the warrant issues from a judge (the bench) because you have failed to do one of the following things:

• Appear in court as scheduled;
• Pay a required criminal fine; or,
• Obey a court order.

Judges have a large amount of leeway in issuing bench warrants. Once a bench warrant has been issued for you, all law enforcement officers can arrest you and haul you into court before the judge. Having a bench warrant out for your arrest can mean constant worrying or stress that you will be taken to jail at any moment.

When Does a Bench Warrant End?

There are only two scenarios that resolve a bench warrant. The first is that the judge recalls the warrant, clearing you of any potential arrest. The second is that you die.

Getting a judge to recall or quash a bench warrant is obviously the preferable way to resolve the issue. Because California bench warrants never expire, it is advisable to clear up a bench warrant as soon as you become aware of its existence. Again, you should retain counsel before seeking to quash a bench warrant to ensure your rights are protected.

How Can You Get Out From Under a Bench Warrant?

Because you do not want the possibility of being arrested at any moment affecting your day-to-day life, you should seek to have a judge recall any bench warrants against you.

Unfortunately, you typically have to appear in court to have the judge quash the warrant. However, there are situations in which you can have an attorney appear in your place to quash a bench warrant. These scenarios include:

• If you failed to appear for a scheduled court appearance; or,
• You failed to pay some fine in connection with a misdemeanor case.

Note that all bench warrants stemming from felony matters require your personal appearance. During an appearance to quash a bench warrant, the judge has the option of taking you into custody. Therefore, you should understand why the bench warrant was issued and prepare your defense.

Typically, you can argue that you never received notice to appear before the court or that you actually paid all the fines that were due. Other reasons a bench warrant may have been issued include mistaken identity or a misunderstanding of your responsibilities under a court order.

No matter the reason the bench warrant exists, it is crucial that you allow a skilled criminal defense team to handle your arguments. Experienced attorneys will know what evidence to present to the judge and how to best position your case so that you avoid going to jail.

If you have outstanding bench warrants against you in Long Beach, California, Chambers Law Firm can help. Our experienced team of defense lawyers can go over your options at a free initial consultation. Schedule a meeting today by calling 714-760-4088 or emailing dchambers@clfca.com.