How to Clear a Warrant Without Going to Jail in California?
A bench warrant is an arrest order issued by a judge, known as "the bench," which is why it is called that. Unlike warrants issued on suspicion of crime, a bench warrant is typically issued when someone fails to comply with court rules, orders, or instructions.
A California bench warrant authorizes the arrest and detention of individuals who either failed to appear in court or disobeyed a court order.
To clear or "quash" such a DUI bench warrant, the person generally needs to appear in court or have their lawyer do so on their behalf.
Successfully quashing the warrant results in its removal from California's judicial system. Usually, a court appearance is required to recall the warrant.
Lawyer Appearing on Your Behalf
As mentioned, your defense lawyer may be able to appear in court on your behalf if you miss a court date or fail to pay a fine for a misdemeanor.
However, if your failure to obey a court order is connected to a felony case, you are required to appear in person, whether with a lawyer or alone, to resolve the warrant.
If you don't clear a bench warrant, law enforcement can arrest you and take you to court. After your court appearance, the judge may release you with a warning or order your custody.
A bench warrant can cause various issues, from potential arrest to negative marks on your criminal record.
Fortunately, in many cases, a skilled Los Angeles DUI attorney can work to have a bench warrant removed, a process often called "clearing," "recalling," or "quashing" the bench order. Let's explore this further below.
What Circumstances Lead to a Bench Warrant?
A bench warrant is issued directly by a judge, unlike search or arrest warrants, which are requested by law enforcement or prosecutors based on probable cause. Bench warrants are typically issued for one of two reasons.
- Failure to Appear (FTA): If you are required to attend a court hearing or trial, or have promised to do so after receiving a citation, failure to appear can lead the judge to issue a bench warrant. For example, missing a court date for driving under the influence or failing to attend a scheduled hearing after being released on your own recognizance for criminal charges may result in the judge issuing a warrant to ensure your appearance.
- Noncompliance with a Court Order: This can involve not paying fines, neglecting court-ordered community service, or breaking probation conditions. For example, a bench warrant could be issued if a judge mandated you to attend an AA meeting after a DUI charge and you failed to do so.
A bench warrant doesn't automatically mean you've been charged with a crime, but it can lead to an arrest. Its main purpose is to force you, by arrest, to appear before a judge to explain why you didn't show up in court or disobeyed a court order.
While these issues can lead to criminal charges, such as contempt of court or failure to appear, a bench warrant is a court-issued order used to enforce its orders and ensure compliance.
Possible Repercussions of a Bench Warrant
A bench warrant issued against you can cause significant disruptions to your life unless it is dismissed. The consequences may include:
- Imminent arrest. Once a bench warrant is issued, law enforcement has the authority to locate and arrest you at any time. This could happen at your home, workplace, or during a routine traffic stop.
- Suspension of your driver's license. Under California law, the Department of Motor Vehicles (DMV) can suspend your driver's license when a bench warrant is issued. Your license remains suspended until you appear in court.
- Increase or denial of bail. If you are released pending trial, a bench warrant could lead to an increase in your bail or, in the worst case, bail being denied altogether.
- Negative criminal background checks. A bench warrant can show up during criminal background checks by employers, lenders, landlords, and others, affecting your chances of getting a job, a loan, or housing.
How a Defense Attorney Can Have a Bench Warrant Removed
Removing the warrant means clearing it from the California judicial system, removing the risk of arrest, and preventing it from showing up on background checks.
To do so, you or your attorney must voluntarily appear before the judge and ask for the warrant to be lifted. To have a warrant removed, you must provide a valid reason for not appearing or complying with the court order.
Acceptable reasons could include not receiving the initial court notice or facing an unavoidable emergency. Sometimes, your attorney can appear for you to clear the warrant, especially if you missed a court date or failed to pay a fine for a misdemeanor.
For DUI felonies, your personal appearance is necessary. If a bench warrant was issued for unpaid fines or failure to complete DUI court-ordered programs, fulfilling these requirements may help quash the warrant.
Defense attorneys are crucial in helping individuals clear and remove California criminal warrants. They can investigate to determine if you might be subject to a warrant, check if there is an active warrant, and identify its type.
Our defense attorneys can craft the most effective legal strategy for your warrant, potentially enabling you to challenge it or negotiate a deal to prevent jail or prison time.
We understand the steps needed to have the warrant dismissed. Contact our law firm to review your case details and explore your legal options. The Hedding Law Firm has offices in Los Angeles, CA.
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