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A California bench warrant is issued by the courts when any of the following has taken place:

  • The defendant did not show up to their court date or traffic citation
  • The defendant defied and violated their court order
  • The defendant committed parole violations
  • Not paying fines
  • Not appearing or enrolling in classes mandated by the court
  • The defendant fails to show evidence to the court of progress in a program or class mandated by the court

When a party has an active bench warrant, the document serves to find that party and either arrest them or hold them because of any of the above violations of the court. For cases that are pending or after a defendant has been officially put on probation, if that defendant fails to follow their court orders, a bench warrant will be issued.

In contrast, a California arrest warrant is issued when evidence exists that a defendant committed a crime or if there is a grand jury indictment of the defendant. When the move is made to file criminal charges against an individual, an arrest warrant will be used if the person is not currently in the custody of the police.

Can You Get Out of a Warrant without Serving Jail Time?

If you have a bench warrant you may be able to have it recalled. To do this a court date will be scheduled and either you or your California criminal defense attorney on your behalf must appear in court on that date. If successful, you can have the bench warrant removed.

When your warrant is issued due to a misdemeanor offense, then you have the option of not having to physically be present in court and you can instead opt for your attorney to appear for you. Felony charges are handled more strictly in California. Anyone with a felony charge and a warrant must be present in the court if they want to have their warrant recalled.

Because it is so common for defendants to try and avoid capture and flee after a warrant has been issued for them, those defendants that are more cooperative have a much better chance of being successful with having their warrant removed from the California judicial system. Judges will appreciate a defendant who obliges with their warrant and willingly surrenders without the need for a police chase and seizure.

When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group, you will have the most knowledgeable and highly experienced legal team effectively negotiating with the prosecution to better manage your self-surrender. The Manshoory Law Group has extensive skills and talent in persuading prosecutors to agree to a recognizance release or to set bail for you. When you are issued bail, you may be able to post it in court and therefore avoid having to sit in jail.

Work with A California Criminal Defense Attorney Today

Every California courthouse and judge will handle clearing warrants from a defendant differently. When you work with the Los Angeles criminal defense lawyers at the Manshoory Law Group, you will increase your chances of clearing your warrant while not having to spend any time in jail and you also may potentially be able to get out of paying bail. Call the Manshoory Law Group today to schedule your free consultation at 877-977-7750.

Shaheen Manshoory
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