Most California courts will not recall or drop a bench warrant (“BW”) on their own.
The best way for you to clear a BW in California is typically by either:
- appearing in court before the judge, or
- possibly having your attorney appear in court on your behalf.
Please note that it is critical to contact an experienced California warrants attorney when trying to recall a bench warrant. If you appear in court in an attempt to clear a warrant, the judge does have the option to place you in custody. Thus, a lawyer is important to help ensure that this does not happen.
If your bench warrant does not get cleared, you risk getting arrested and a judge may:
- release you with a warning, or
- order you into jail.
A BW issued in California does not expire. It remains in effect until either:
- you die, or
- the warrant gets cleared.1
What is a bench warrant?
A “bench warrant” (sometimes referred to as a “body attachment”) is the most common type of warrant issued in California. It is issued from “the bench,” which means the judge. These warrants are not issued because of suspected criminal activity. Rather, a judge authorizes a BW typically because you failed to:
- appear in court,
- pay a fine, or
- obey a court order.
A California BW authorizes law enforcement personnel to arrest you and bring you directly to court.
Can a bench warrant be dropped and what is the best way to recall one?
Most California courts will not recall or drop a bench warrant on their own. If you are subject to a BW, then you must work to get it cleared. Clearing a BW is also referred to as “recalling” or “quashing” one. Quashing a bench warrant means having it cleared from California’s judicial system.
You must appear in court in order to recall a warrant.
You can have your attorney appear in court on your behalf, provided that:
- you failed to appear for a court appearance, or
- you failed to make a payment in connection with a misdemeanor offense.
If, though, you failed to obey a court order that arose out of a felony case, you must be present in court personally (with or without an attorney) in order to clear a BW.
In trying to quash a bench warrant, you (or your attorney) can try to do so by arguing that:
- you never received a notice to appear in court,
- you complied with all the conditions and requirements within a court order,
- you were unaware that a case had been filed, and/or,
- there has been a mistake in identity.
Should I consult with an attorney before quashing a warrant?
It is critical to contact an experienced California warrants attorney when trying to recall a BW.
If you appear in court in an attempt to clear a warrant, the judge does have the option to place you in custody. Thus, a lawyer is important to help ensure that this does not happen.
A knowledgeable attorney is also helpful because they will know:
- the most effective arguments to raise on your behalf,
- what evidence to offer, and
- the proper steps to take to quash a warrant and keep you out of jail.
What happens if a bench warrant does not get recalled?
If you do not clear a BW, law enforcement personnel have the authority to arrest you and bring you to court.
Once brought to court, the judge can either:
- release you with a warning, or
- place you in custody.
The judge will make this decision after considering your:
- criminal history,
- flight risk, and
- circumstances that led to the BW.
Please also note that if a BW does not get recalled, it could lead to:
- a probation violation,
- enhanced fines, and/or
- a California driver’s license suspension.
How long does a bench warrant last?
A bench warrant issued in California does not expire. It is not deleted or removed after, say, five years. Rather, it remains in effect until:
- you (the person named in the warrant) dies, or
- the warrant gets cleared (which is to say a judge recalls it).
BWs in California do not expire because, if they did, it would encourage bad and dishonest behavior. People subject to a warrant would spend a period of time avoiding a judge, or lying to a court, in order to escape arrest.
What are the penalties if I fail to appear in court?
As stated above, one of the reasons a BW may get issued is if you fail to appear for a court appearance. Failure to appear (“FTA”) is a crime in California.
If you willfully fail to appear on a scheduled court date for a misdemeanor, the prosecution will additionally charge you with FTA as a misdemeanor. If found guilty of the charge, then per California Penal Code 1320, you can face a maximum $1,000 fine and a maximum six-month county jail sentence.
If you willfully fail to appear for a felony case, the prosecution will additionally charge you with felony FTA. Under PC 1320, if convicted, you may face a minimum $5,000 fine and a county jail or state prison sentence.2
