Practice Area
What You need To Know About Warrants
Wallin & Klarich has handled virtually every possible warrant in California. A warrant is usually due to a failure to appear in court or issued when the district attorney originally files criminal charges.
When a defendant fails to appear in court, the judge issues a warrant for that person’s arrest. At the time the warrant is issued, the judge will usually set bail. That bail is the amount of money needed to bail out of custody if arrested on that warrant Wallin & Klarich attorneys have been successful in recalling these warrants and getting the defendant released on their own recognizance. This is especially true when the warrant is on the infraction (a traffic ticket ) or a misdemeanor (drunk driving, petty theft, driving on a suspended license, etc.) Thus, we can save the client countless dollars in bail bond fees.
If the warrant is on a felony, we can often arrange with the district attorney and the judge a bail reduction when the client is surrendered to the court on that warrant. The attorneys at Wallin & Klarich will contact the judge and district attorney and work out a surrender and an “own recognizance” release or a significant bail reduction. We would contact a bondsman and have that bondsman present in hopes that our client never spends a minute in jail.
Warrants can also result in a failure to appear on a traffic matter if there is a failure to appear on a traffic violation, the DMV will take action and suspend the privilege to drive until the warrant is recalled and they receive an “abstract” establishing that the warrant was recalled and fines have been paid. Our firm can resolve these matters without the need for our client to appear in court.
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Testimonials
Warrants
BENCH WARRANT RECALL: “I had a bench warrant out for my arrest and was charged with driving under the influence and false impersonation. Attorney Mr. Santos of Wallin & Klarich immediately recalled the bench warrant and presented my case in the best light to the District Attorney’s Office. The result was a complete dismissal of the entire case. Without the aggressive representation of Wallin & Klarich I could have lost my job and been subjected to possible jail time. I am grateful to Wallin & Klarich for their help. I would recommend them highly to anyone facing criminal charges.”
-J. D.
“I was arrested for a DUI warrant and I hired Wallin & Klarich to represent me. The District Attorney wanted to send me to State Prison for up to 3 years. After Wallin & Klarich looked at all the police reports and paperwork in my file, they found that this warrant was over 2 years old. They informed the Court that she intended to file a motion arguing that my right to a speedy trial had been violated. Wallin & Klarich pointed out to the Court and the District Attorney that no notice had ever been sent to me asking me to appear. The Court did not even make Wallin & Klarich file the formal motion. The Court DISMISSED the case on Wallin & Klarich’s oral argument. I would recommend Wallin & Klarich to you if you want an attorney that knows what they are doing in Court. Wallin & Klarich took control of the case the minute it was assigned to them, as it is evident from the ruling that they got from the Court.”
-G. J.
“I had a $30,000 arrest warrant for a DUI probation violation, and I was looking at the possibility of jail. Wallin & Klarich was able to recall the warrant and reinstate my probation without jail. What a relief. Wallin & Klarich was a good investment. Thank you for keeping me out of jail.”
-B.G.
More California Warrant Information
California Warrants – Reacalling bench warrants overview
A bench warrant is a formal order that a judge issues when a person fails to make a scheduled court appearance or is otherwise in “contempt of court.” This means that the person has willfully failed to follow a court order, thus disrupting the justice system. See California Penal Code Section 166. Once a bench warrant is issued, law enforcement has the authority to immediately arrest the person named in the warrant and bring him/her before the court. While an arrest warrant is issued for suspected criminal misconduct, a bench warrant is issued for willfully disregarding or disobeying the court’s authority.
A bench warrant is typically issued in situations where a person:
- Fails to make a mandatory court appearance;
- Fails to pay any court-imposed fines; or
- Fails to abide by any other court order (e.g. a term of probation).
Being held in contempt of court because of a failure to appear in court or abide by a court order may bring with it certain penalties that include:
- Misdemeanor criminal conviction on ones record;
- Imprisonment in county jail for a period of up to 1 year,
- Imprisonment in state prison for a period of up to 3 years,
- Fines of up to $10,000;
- A probation violation;
- Suspension of California drivers license
At Wallin & Klarich, our attorneys can assist you in avoiding these repercussions by helping you clear the bench warrant that has been issued against you. It is possible to incur outstanding warrants for simply forgetting a court date or not clearly understanding a court order. As a result, many people do not realize that they have a warrant out for their arrest. Therefore, we will work to have your bench warrant recalled and quashed. With over 30 years of experience in helping clients overcome their criminal charges, we will ensure that you receive the best legal representation possible. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.
More California Warrant Information
- Recalling Bench Warrant: Overview
- Recalling Bench Warrant: Process
- Recalling Bench Warrant: Failure to Appear
- Recalling Bench Warrant: Contempt of Court
- Recalling Bench Warrant: FAQ
- Client Testimonials: WarrantsClient Testimonials: Warrants
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.
More California Warrant Information
- Recalling Bench Warrant: Overview
- Recalling Bench Warrant: Process
- Recalling Bench Warrant: Failure to Appear
- Recalling Bench Warrant: Contempt of Court
- Recalling Bench Warrant: FAQ
- Client Testimonials: WarrantsClient Testimonials: Warrants
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.
More California Warrant Information
- Recalling Bench Warrant: Overview
- Recalling Bench Warrant: Process
- Recalling Bench Warrant: Failure to Appear
- Recalling Bench Warrant: Contempt of Court
- Recalling Bench Warrant: FAQ
- Client Testimonials: WarrantsClient Testimonials: Warrants
California Warrants – Recalling a bench warrant – contempt of court
Failure to Pay Fines or Restitution
A bench warrant may be issued if you willfully fail to pay court-imposed fines or restitution orders.
Failure to Obey Court Orders
A bench warrant may be issued for any failure to obey a court order. This is most applicable if you are on probation for a prior criminal offense. If you fail to comply with any term of the probation, it may amount to a probation violation for which the court can issue a bench warrant for your arrest. Under California Penal Code Section 1203.2, a court has the discretion to rearrest any probationer, whether under the supervision of a probation officer or not, for any violation of probation. If, for example, you fail to complete your court-ordered classes, community service, or mandatory drug-testing under the terms of probation, you may be charged with a probation violation and be ordered back to the court through the issuance of a bench warrant.
To have a warrant out for your arrest because you failed to pay a fine or obey a court order is a serious matter that will require an experienced criminal defense attorney to intercede for you. Our attorneys at Wallin & Klarich can help you confront your bench warrant even before you are arrested by police. With the benefit of 30 years of experience in helping clients quash their bench warrants and avoid jail time, we will work to help you achieve 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.
More California Warrant Information
- Recalling Bench Warrant: Overview
- Recalling Bench Warrant: Process
- Recalling Bench Warrant: Failure to Appear
- Recalling Bench Warrant: Contempt of Court
- Recalling Bench Warrant: FAQ
- Client Testimonials: WarrantsClient Testimonials: Warrants
California Warrants – Recalling a bench warrant – faq
- What happens if I post bail, but fail to appear on the scheduled court date?
- 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?
- If I have bench warrant out for my arrest, can I fight it before I am arrested?
- Can a court issue a bench warrant for my arrest for not paying child support or spousal support?
- Can a court issue a bench warrant for my arrest if I fail to appear in court for a jury summons?
If you fail to appear on the scheduled court date, the judge may forfeit your bail and issue a bench warrant for your arrest.
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.
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.
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.
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.
More California Warrant Information
- Recalling Bench Warrant: Overview
- Recalling Bench Warrant: Process
- Recalling Bench Warrant: Failure to Appear
- Recalling Bench Warrant: Contempt of Court
- Recalling Bench Warrant: FAQ
- Client Testimonials: WarrantsClient Testimonials: Warrants
California Recalling Bench Warrants Attorneys
What You Need to Know About Bench Warrants
A bench warrant is a warrant for someone’s arrest issued by a judge — from “the bench of the court.” They’re usually issued when someone fails to appear in court after promising to do so, or when someone fails to pay a fine. The warrant authorizes law enforcement officers to arrest the individual on sight. A bench warrant can be issued by the judge for your failure to appear on any type of criminal matter. The amount of the bail will be set by the judge and can range from as little as $2500 to as high as 1 Million dollars depending upon the nature of the crime involved.
Once a bench warrant is issued, it goes into a nationwide computer database run by the federal Department of Justice. If you have a bench warrant for your arrest and a law enforcement officer runs a check on your I.D. for any reason, he or she will find the warrant and must arrest you. You will then be brought before a judge on the charges that caused the warrant. A bench warrant will also cause the DMV to suspend your driver’s license. You won’t be able to clear the suspension until the warrant is recalled .
If your bench warrant is for a misdemeanor charge, one of our California Bench Warrant Attorneys at Wallin & Klarich may be able to keep you from being taken into custody by appearing before the judge without you (with your permission). The judge may recall your warrant and that will mean you would save thousands of dollars in bail bonds fees. We would then continue to go to court on your behalf until the matter is concluded satisfactorily. If your warrant is for a felony charge, the court may require you to be present in court before the warrant is recalled. Often clients hire us from all over the United States to try to have their warrants recalled. In most of those occasions we are able to have our clients warrant recalled without the client having to return to California (if they live out of state).
Wallin & Klarich attorneys have a good track record of having our clients’ bench warrants recalled without having them taken into custody or post bail. Our law firm has attorneys who have extensive experiences in all of the local courts in Southern California. Our attorneys know the people and procedures at each court and can use that knowledge to minimize the penalties associated with an arrest on an outstanding bench warrant. If you have a bench warrant out for your arrest, call Wallin & Klarich today to find out how we can help.
The Recalling Bench Warrant Attorneys at Wallin & Klarich approach every case with the belief that the person we’re defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you or someone you love needs to recall a bench warrant in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.
