How to Clear a Bench Warrant in California – Criminal Defense Attorneys
How to get rid of a bench warrant in California
If you have a bench warrant out for your arrest, it is important to understand you may be able to have your warrant recalled without ever having to appear in court, post bail, or spend time in jail. Do you want to learn how to clear a bench warrant in California? Our attorneys at Wallin & Klarich want to share with you how you may have your California Bench Warrant quashed.
The purpose of a California bench warrant
The purpose of a bench warrant is to arrest and detain individuals who fail to appear in court for any reason or who fail to obey a court order. A judge may also issue a bench warrant for failure to show proof of enrollment, progress or completion of a court ordered program; for failure to pay any court ordered fine or restitution; or failure to appear when required to do so to face a traffic citation.
Once a bench warrant is issued, you face arrest and detention upon any police contact. In addition, you will be subject to arrest by law enforcement in any county because a bench warrant may be served in any county in the same manner as an arrest warrant (California Penal Code Section 978.5(b)).
How to clear a bench warrant by appearing in a California court
The process of recalling, or quashing, a bench warrant requires either you or your attorney to appear in court. Quash means to nullify, void or declare invalid.
If you fail to make a court appearance; pay a fine in connection with a misdemeanor offense; show proof of enrollment, progress or completion of a court ordered program; or pay a traffic citation, your attorney can appear in your absence in order to have the warrant recalled.
How to clear a bench warrant when failing to abide by court orders in felony offenses
However, if you fail to abide by a court order stemming from a felony offense, your presence is required in order to recall or quash the bench warrant. In any case, if you ignore a bench warrant, you will be arrested once located by the police.
If you do not hire a criminal defense law firm and you are arrested on a bench warrant, it will be very difficult to have your bail lowered. This is because the prosecution will tell the judge that you could not be trusted to appear in court. This is why hiring a lawyer to represent you to recall a bench warrant before you are arrested on the warrant is critical to your freedom.
Benefits and risks 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 to risk the possibility of being arrested and then brought before the issuing judge.
However, if you decide to voluntarily appear in court to clear your bench warrant, the judge has the option to place you in custody. Therefore, it is important that you have an experienced attorney who can guide you as to how to clear a bench warrant in California. Our experienced lawyers at Wallin & klarich can help you avoid detention by persuading the court to recall your warrant or release you on your own recognizance without posting bail. When bail is required, your attorney may be able to have your bail reduced and arrange for a bail bondsman to be present in court in order to expedite the process of your release from custody on bail.
Why should you hire a lawyer if you have a bench warrant out for your arrest?
If you have a bench warrant out for your arrest, it is important that you contact a California criminal lawyer at Wallin & Klarich today. You may be taken into custody if you voluntarily turn yourself in to the court. When you call our office, our attorneys will explain to you in more detail how to clear a bench warrant in California, and we may be able to have your bench warrant recalled and quashed without you ever having to appear in court or spend any time in jail.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the California criminal defense attorneys at Wallin & Klarich have successfully represented clients for over 40 years. We have the knowledge and experience to help you resolve your outstanding warrant.
To receive more information on how to clear a bench warrant in California, call (877) 466-5245 today or fill out our confidential form. We will get through this together.