California Warrants – Recalling a bench warrant – process

The Purpose of a Bench Warrant

The purpose of a bench warrant is to arrest and detain individuals who fail to appear in court or fail to follow court orders. Those who are detained under a bench warrant are then brought before the court to undergo pending legal proceedings such an arraignment criminal sentencing, payment of fines, general court appearances, or the issuing of a citation. A judge may also issue a bench warrant for a failure to show proof of enrollment, progress or completion of a court sentence, or failing to appear after being released from custody.

Once a bench warrant is issued against you, you are at risk of immediate arrest and detention by police at any time. You would be subject to arrest no matter what county you are located because a bench warrant can be served in any county in the same manner as an arrest warrant. See California Penal Code Section 983. Due to this danger of being arrested on the spot, it is important that you contact a lawyer as soon as you learn that there is a warrant out for your arrest.

Who is to Appear in Court to Clear the Bench Warrant

The process of recalling, or quashing, a bench warrant requires either you or your attorney to appear in court. If you had failed to make a court appearance or pay a fine in connection with a misdemeanor offense, your attorney may be able to appear in your absence. However, if you fail to abide by a court order stemming from a felony offense, your presence would be required in order to recall or quash the bench warrant.

Time Restrictions on a Bench Warrant

The police have the burden to serve a bench warrant within a reasonable time after it is issued by a judge. Serving a bench warrant 13 months after its issuance, for example, will not be considered reasonable without a showing of good cause for the delay. See People v. Mitchell, (1972) 8 Cal.3d 164. If the bench warrant against you has not been served within a reasonable time, you will essentially be held to have been denied your right to a speedy trial, which may result in the dismissal of your case.

Benefit of Voluntarily Appearing in Court

Once you are aware of the fact that a bench warrant has been issued for your arrest, it is better for you to voluntarily appear in court rather than risk the possibility of being arrested and then brought before the issuing judge.

If you decide to voluntarily appear in court to clear your bench warrant, it is imperative that you have a criminal defense attorney present to defend your rights. Even if you appear in court on your own initiative, you may still be placed in custody. Therefore, it is important that you have an experienced attorney who can help you avoid detention by persuading the court to recall your warrant or release you on your own recognizance without posting bail. And if bail is required, your attorney can also arrange to have the bail amount reduced.

If warrants for arrest have been issued against you, you are in danger of being arrested at any time in any place, whether it be at home, work, or any public place. The worst course of action to take is to do nothing. It is crucial for you contact an experienced criminal defense attorney who can help you resolve the matter. Our attorneys at Wallin & Klarich can assist you in seeking a recall of your bench warrant to avoid jail time. With over 30 years of experience in dealing with bench warrant cases, our attorneys will zealously represent your interests to ensure the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.