California Warrants – Recalling a bench warrant – Failure to appear

The types of situations in which a bench warrant may be issued for your failure to appear include:

• Any court proceeding that requires you to personally appear (e.g., arraignment, pre-trial hearing, sentencing hearing, etc.);

• Progress report hearings regarding your probation;

• Any hearing that requires you to show proof of enrollment or completion of a court-ordered program (e.g., DUI school, domestic violence classes, etc.);

• Any trial in which you are a necessary party (e.g., defendant, witness, juror, etc.);

A bench warrant that is issued due to your failure to appear in court when you had previously been ordered to do so can bring about certain consequences:

• Under California Penal Code Section 853.7, if you willfully fail to appear in court after having given a written promise to appear, you may be found guilty of a misdemeanor, regardless of what becomes of the case for which you were originally required to appear in court.

• Under California Vehicle Code Section 13365, the DMV will suspend the driving privileges of any person who violates a written promise to appear in court.

• If you have been released on your own recognizance pending a misdemeanor case, and you fail to appear in court within 14 days of a scheduled court date, you may incur a misdemeanor charge for “evading the process of the court.” See California Penal Code Section 1320(a). A conviction may result in imprisonment in county jail for up to $1,000 and/or a maximum fine of $1,000.

• If you have been released on your own recognizance pending a felony case, and you fail to appear in court within 14 days of a scheduled court date, you may incur a felony charge. See California Penal Code Section 1320(b). A conviction may result in imprisonment in state prison for up to 3 years and/or a maximum fine of $5,000.

• If you fail to appear in court involving a felony case for which you posted bail, the maximum fine will increase from $5,000 to $10,000. See California Penal Code Section 1320.5.

A failure to appear in court is one of the most common reasons for why courts issue bench warrants. In light of the penalties that may result for failing to appear in court, it is very important that you protect yourself with adequate legal representation. At Wallin & Klarich, our attorneys have over 30 years of experience helping clients confront their bench warrants and either getting it recalled or achieving leniency from the court. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.