A bench warrant is issued by a judge and is not based on suspected criminal activity.
Most Californians are aware that a warrant is something that allows the police to search their home (or vehicle, or another place or thing), or to arrest a person. However, the details of what a warrant is and how a warrant is issued — along with the different types of warrants — may be confusing.
One of the most common types of warrants in California is a bench warrant. This type of warrant is issued from “the bench,” which means that a judge issues it. Unlike an arrest warrant, a bench warrant is not issued because criminal activity is suspected. Instead, a bench warrant is issued for other reasons, such as contempt of court (for example, failing to appear in court, pay a fine or obey any other court order) or indictment by a California grand jury.
If a bench warrant is issued, then law enforcement officers are authorized to arrest you and bring you directly to court. Once you are in court, a judge can release you with a warning or put you in jail, based on your criminal history, the facts of your case and his or her judgment on whether you pose a flight risk. If you did not appear for your arraignment in a criminal case, the officer who arrested you will bring you before the judge who issued the bench warrant; however, you could request to be brought before any judge in either the county to have your bail set. If you failed to appear for sentencing, then you have to appear before the judge who issued your warrant.
A bench warrant must be served within a reasonable time after it is issued. If law enforcement officers fail to serve it, you may be entitled to a dismissal. Felony bench warrants, like arrest warrants, can be served at any time. Misdemeanor warrants can only be served between 6 a.m. and 10 p.m., unless there is “good cause.”
If you become aware that you have a bench warrant out against you, you may choose to go straight to court rather than wait to be “picked up” by law enforcement officers. In these situations, it is advisable to consult with a skilled Orange County criminal defense lawyer, and to have your attorney with you when you report to court. Your attorney can make an argument on your behalf as to why you failed to comply with a court order, and may be able to help you avoid being taken into custody.
Because bench warrants are so common, many people may have bench warrants out against them and be unaware that they even exist. An experienced Orange County criminal defense lawyer can have a California bench warrant “recalled and quashed,” which means that the bench warrant can be cleared from the system. In most cases, your attorney can appear on your behalf to complete the process. However, if you failed to obey a court order in a felony case, then you must appear in order to clear the warrant.
If you have had a bench warrant issued against you, the Chambers Law Firm can help. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about our top-notch legal defense services available to clients in Orange County and the surrounding areas.
