California Warrants – Recalling a bench warrant – FAQ

 
1. What happens if I post bail, but fail to appear on the scheduled court date?

If you fail to appear on the scheduled court date, the judge may forfeit your bail and issue a bench warrant for your arrest.

2. If I am brought back to the court through a bench warrant, what factors will the judge consider in deciding whether or not I should be taken into custody?

A judge can decide to either release you with a warning or take you into custody depending on your criminal history, the reason(s) why the bench warrant was issued, and your flight risk (whether or not you are likely to flee to avoid prosecution); amongst other factors.

3. If I have bench warrant out for my arrest, can I fight it before I am arrested?

Yes. It is highly recommended that you voluntarily appear at court with an attorney to clear your bench warrant before you get “picked up” on a warrant. This is the best way to avoid embarrassment and possible jail time.

4. Can a court issue a bench warrant for my arrest for not paying child support or spousal support?

Yes. A bench warrant may be issued for any failure to obey a court order. Since the order to pay child or spousal support is imposed by a court, a bench warrant may be issued for a willful failure to do so.

5. Can a court issue a bench warrant for my arrest if I fail to appear in court for a jury summons?

Yes. A failure to report for jury duty qualifies as a scheduled court date. Therefore, if you fail to make a court date, even if it’s for jury duty, a judge may issue a warrant for your arrest.