How does a bench warrant work? In California, the bench warrant is the most common type of warrant. The bench referred to here means a judge. Therefore, it is a warrant issued by a judge, most often for a failure to appear in court. It differs from an arrest warrant, which is issued at the request of police departments and prosecutors for suspected criminal activity.
Common reasons a California bench warrant may be issued include failure to do the following:
- Personally appear in court
- Pay a traffic citation
- Pay court ordered child or spousal support
- Report for trial as a juror, witness, or defendant
- Obey terms of probation
- Obey a court order to vacate a property
- Pay a court ordered fine
A conviction for failure to appear in court is a misdemeanor, punishable by jail time and a fine. The other warrants listed carry similar penalties. It is good policy to pay your fines on time and obey court orders, but when a bench warrant happens, call an attorney.
Bench warrants can be a nuisance for you and for the court, which is why it’s best to avoid them if you can. Unfortunately, it’s not always possible because the issues that keep you from reporting to a court date or from meeting the requirements of a court-ordered mandate can cause an automatic issuance of a warrant. When that happens, you need a lawyer who understands warrants and how they operate, like your local suspended license lawyer. An attorney can tell you how to best go about clearing your warrants.
Options for Clearing a Bench Warrant
There are a few ways you might clear the warrant, depending on why it was issued and under what circumstances:
- Pay any associated bond
- Report to the judge
- Go through a bondsman to pay the bond with surety
- Pay any fines associated with the warrant
- Hire an attorney to quash the warrant
Your local, all-traffic offense attorney will know how to take care of a warrant and whether it is a good option for your case, on top of being able to help with related legal issues like a DUI traffic ticket fix. For advice about how to avoid warrants and the best ways to clear them if they do happen, it’s a good idea to work with the best accident ticket lawyers in the area, because accident ticket processes tend to produce situations where lawyers and drivers wind up interacting with the bench warrant system.
Can you get rid of a warrant without going to jail? The process of getting rid of a warrant is called “quashing” a bench warrant. Your best strategy for quashing the warrant is to accompany your attorney to the courtroom and appear before the judge. Take with you proof that you have done the thing for which the warrant was issued. For example, if you failed to pay a traffic citation, pay it and show the judge that you’ve paid.
It is always a good idea to appear voluntarily in court, but be advised that if you do go before the judge with an outstanding bench warrant, he or she can place you in custody. Hire an experienced attorney who can help you quash your warrant without any jail time. A skilled lawyer can have you released on your own recognizance.
Contact The Ticket Clinic
When you need a Los Angeles ticket attorney, we are ready to help you with legal advice that comes from a deep well of experience. Our offices have handled all varieties of moving violation tickets ranging from DUI’s to reckless driving and speeding. For more information, or to schedule a consultation about your particular traffic ticket needs, contact us today. Our staff is ready to help during regular business hours.
