There is generally not a set or limited amount of time in which you can be held in custody if you are arrested or detained on a bench warrant.
If you are awaiting trial, you could potentially be kept in jail until the trial is completed. If you are arrested for failure to appear or violating a court order, you may be held in jail until you comply with the court’s orders.
How much jail time can a bench warrant carry?
If you are facing a criminal charge, a bench warrant can hold you in jail until the completion of your trial, which is often several months. If you are convicted of the underlying offense that led to the warrant, you could face more time in jail.
Bench warrants, themselves, do not carry any jail time. (Neither do arrest warrants.) Most bench warrants are issued for:
- contempt of court, or
- failure to appear, also known as FTA.
Once the warrant is executed, however, you are brought into custody.
What happens after you are arrested
After the bench warrant is executed, you will be held in jail until you can be brought in front of a judge. Depending on the jurisdiction, this has to happen within a few days. In California, it has to happen within 48 hours.1 Bail will be set.
If you are unable to post bail, you will be held in confinement until the day of the trial for the offense that led to the warrant being issued. This can last several months.
If you are convicted for the offense that led to the warrant’s issuance, that jail sentence will have to be served, as well.
California law
In California, a conviction for contempt of court carries up to 6 months in jail. A conviction for failure to appear depends on the offense that was pending when you did not appear in court. If:
- the offense was a traffic ticket or a misdemeanor, FTA carries 6 months in county jail, even if the underlying offense was an infraction,2 or
- the offense was a felony, FTA can carry up to 3 years in state prison.3
However, you are likely to be given credit for time already served. This is all in addition to the underlying criminal offense. The time spent in confinement can grow, quickly.
For example: Jeff is arrested for driving under the influence (DUI). He faces felony criminal charges because it is his fourth DUI offense. He then deliberately skips a mandatory court appearance. The judge issues a bench warrant. Jeff is arrested. He now faces up to 3 years in prison for the DUI, and up to 3 years in prison for his failure to appear.
What about non-defendants?
Bench warrants can also be issued if you are not currently facing criminal charges. This happens most often for:
- probation violations,
- noncompliance with a court order, like a restraining order, and
- if you are refusing to testify under a subpoena.
If you are a non-defendant and arrested under a bench warrant, you can also be held in jail. If the warrant is executed while court is not in session, you will be held in jail until you can be brought in front of a judge. In California, this can lead to up to 48 hours in custody.4
Contempt
If you are a non-defendant and violate court orders, you will likely be charged with contempt of court. This charge can carry jail time.
California law
In California, a witness who is in court, but who refuses to testify, can be held in civil contempt. This can carry up to 5 days in jail and a fine.5
Judges can also hold the witness in jail until they have testified or the trial is over.6 In the worst cases, the witness can face criminal charges for contempt of court. These charges carry up to 6 months in jail.
How do bench warrants work?
Bench warrants are issued by the judge. They tell the local police department to find you and arrest you so you can be brought to court. They are most commonly issued because you:
- failed to appear for a required court date, like an arraignment,
- did not pay a fine,
- violated a term of probation, like your community service requirement, or
- did not obey a court order, like paying child support.
Executing the warrant
Once issued, law enforcement officers will look for you. In many cases, your driver’s license will be suspended by the state Department of Motor Vehicles (DMV).
When bench warrants are for a minor offense, police officers generally do not actively look for you. When police find you, usually during a traffic stop, you will be arrested.
You will be held until you can be brought before a judge for a hearing. The judge will likely set bail. Once bail has been posted, the judge will set a new court date.
Clearing the warrant
Importantly, outstanding bench warrants do not expire after a set amount of time. They are effective until recalled by the judge (or until you die).
However, bench warrants can be quashed or cleared. If successful, this will lead to the judge recalling the warrant. You or your criminal defense attorney can quash a warrant by showing that you:
- never received a notice to appear in court,
- were unaware that the case had been filed,
- had actually complied with the court order at issue, or
- are not the subject of the warrant.
What is failure to appear (FTA)?
Failure to appear is the crime of willfully being absent from a required court date with the criminal justice system.
If you are charged with failure to appear, you will still have to deal with your underlying criminal offense. The FTA charge will be an additional criminal case.
It can lead to an additional blemish on your criminal record. It can also amount to a probation violation, which can lead to revocation.
California law
Some states, like California, have different laws that cover missing court dates in different circumstances:
- Penal Code 853.7 PC is if you willfully violate your written promise to appear,
- Penal Code 1320 PC is if you are released from custody on your own recognizance (OR) and subject to a court order to appear in court,
- Penal Code 1320.5 PC is if you are out on bail and are required to appear in court by a court order,
- Vehicle Code 40508 VC is if you break a promise to appear in court for a traffic violation, or you do not pay bail after a ticket, and
Additional resources
For more information, refer to the following:
- National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
- SearchQuarry.com – Public record provider with warrant searches by name, city or county.
- Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
- PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
- CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.
