Bench warrants are orders that are issued by a judge or “from the bench” that notify you that you failed to obey a court order and may give authority to law enforcement to arrest you, though they may not be arrest warrants.
These are issued in circumstances where you:
- Failed to appear in court for an arraignment, trial, sentencing or any other court date where your appearance was required
- Failed to pay a court fine on time
- Failed to obey any other court order including completion or adhering to a provision of your probation
- Were indicted by a grand jury (bench warrant for arrest)
How To Remove A Bench Warrant
The main way that a bench warrant may be cleared or removed is by your personal appearance in court, by your attorney’s appearance on your behalf or by appearing with your attorney.
If the warrant concerns a felony, your personal appearance to clear or remove it is required.
Other ways are having the warrant dismissed because it was improperly served (misdemeanors) or because it was never entered into the National Crime Information Center.
Appearing In Court
Anytime you do appear in court after a bench warrant has been issued, you are subject to the following:
- Release with a warning
- Incarceration with no bail
- Have bail set but incarcerated awaiting payment of a bond or full bail amount
If you are arrested by a peace officer, you must be taken before the judge who issued the warrant, though you may on request be brought before a judge in the county where you were arrested or in any court within the county in which the warrant was issued. If you missed a sentencing, you can only be brought before the sentencing judge.
Having your attorney appear with you is always recommended since this shows the court you are serious about failing to appear and your attorney can present arguments excusing your nonappearance or failure to comply with a court order by asking that you be released OR (own recognizance and without bail with a promise to appear at all future court dates), or that bail be set at a low amount since you do not pose a flight risk.
The main reasons for most persons failing to appear or comply are:
- The notice to appear was sent to the wrong address
- You moved before the notice to appear was mailed
- You completed all conditions of your probation and did not understand you still had to appear in court
- You missed a drug test because of illness, accident or some other reason (provide a medical note or accident report)
- You were not aware that charges had been filed against you or thought they had been dismissed
Service Of The Warrant
Warrants for felony matters can be served on the defendant at any time. For misdemeanors, the bench warrant may only be served between 6 am and 10 pm, absent special circumstances such as repeated failures to appear or if there are several outstanding warrants.
If a misdemeanor warrant is served outside of these restrictions, you may make a motion to dismiss it.
Failure To Appear In Court
The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.
Other FTA examples are:
- defendants who fail to appear in court to show proof of completion of a court-ordered program
- failure to appear for review of a progress report such as for drug court
- witnesses who fail to appear at trial or hearing pursuant to a subpoena to appear
- persons summoned to jury duty who fail to show up
For these individuals, their failure to remove the warrant may lead to the judge issuing a bench warrant unless the matter is one of urgency so that an arrest warrant may be issued.
Dismissal Based On Failure To Enter Warrant In Database
On rare occasions, a clerk either fails to notify a particular agency to enter the details of the warrant into the National Crime Information Center or the agency neglects to do so.
If you are arrested or detained by a bondsman pursuant to a bench warrant issued because you failed to appear on a scheduled court date and police release you because the warrant cannot be found in the database, the court cannot forfeit the bond that was posted by you or on your behalf.
This should, however, alert you to contact an attorney before another bench warrant is issued or the original one is entered in the database.
Penalties For Failure To Appear
Misdemeanor Failure to appear penalties
On a misdemeanor case where no bail was set, your failure to appear for arraignment, pretrial conference, trial or sentencing can result in your being charged with another misdemeanor pursuant to Penal Code Section 1320(a)1 (Failure to Appear). You can be charged so long as you made no attempt to appear within 14 days of your court appearance date.
The penalty for violating this section is a maximum fine of $1000 and no more than 6-months in the county jail.
Felony Failure To Appear Penalties
If the bench warrant was issued pursuant to a felony and you were released on OR, the violation is also under PC 1320(b)2 except the fine is no less than $5000 along with possible county jail or state prison time. If you did post bail, the fine increases to a minimum of $10,000 with county jail or state prison time of 16 months, 2, 3 or 4 years.
Penalties For Other FTA Violations
Failing to pay a fine or restitution to a victim is another reason for a bench warrant to issue.
If you can show that you lacked the financial resources to pay, the judge cannot jail you. If possible, have an attorney represent you or at least suggest a means for how the fine or restitution may be paid. Community service may be substituted in some cases in lieu of a fine. If you miss a deadline on paying a fine or restitution, do not ignore it. Should you know that you will be unable to make a deadline, consult with an attorney before the deadline passes.
Bench warrants will also issue for defendants who fail to complete a condition of their probation or parole, such as completing a DUI program or reporting for mandatory drug testing. This is a probation violation or parole violation. Unless you have a valid excuse, you will likely go to jail or state prison depending on the underlying offense or nature of the violation.
If a bench warrant has been issued and no bail has yet been set, the peace officer who arrested you or who had been investigating the underlying case against you can ask the court to set bail at a high amount, particularly if the offense is against a person that you have threatened or assaulted. If you are not present in court, an arrest warrant can be issued. Otherwise, you will be incarcerated until you can post bail.
Do not allow yourself to be arrested or incarcerated because you missed a court date or allegedly violated a court order or condition of probation. Contact an criminal defense attorney at the Aizman Law Firm to discuss your options and have us represent you. In many of these cases, we can clear or remove the bench warrant without adverse consequences to you.
Frequently Asked Questions
Can you go to jail for failure to appear in court?
Yes, if you are given a citation where it stated you were to appear in court at a certain place, date and time, and you failed to do so, you will likely go to jail.
If you were previously arrested and given a court date and failed to appear, the court will issue a bench warrant for your arrest and you will be brought to jail.
You can try to avoid jail by retaining a defense lawyer who can appear in court on your behalf to have the warrant recalled, or to have bail set so that it and other conditions imposed can be met.
Can you pay to have a bench warrant lifted?
If you are aware that a bench warrant is outstanding, you can call or appear before a court clerk or local police department to arrange to pay bail so that the warrant will be lifted, unless it is a no-bail warrant.
If a fine was involved, you will likely have to pay the fine in full as well as the bail or make arrangements to make installment payments for the fine if the court permits it.
Can you post bail on a bench warrant?
Unless it is a no-bail warrant, you will have to post bail before the bench warrant will be lifted.
Is failure to appear a conviction?
A failure to appear is a violation of a court order and not a conviction.
However, it can be charged as a misdemeanor in California under Penal Code § 1320 if you were released on your own recognizance (ROR) and the underlying offense was a misdemeanor for which you were charged or convicted.
It can be charged as a felony if you were released ROR or on bail and had been charged or convicted of a prior felony.
Is a bench warrant an outstanding warrant?
Yes, if the defendant or person named in the warrant has not been brought into custody, then the warrant is outstanding. It remains so until the defendant has been arrested and is in custody or the issuing judge or court recalls or lifts the warrant.
Do warrants show up on a background check?
Yes, you can call the court or go online to find out if a warrant has been issued against you.
You can also call the appropriate city, county or state offices where the warrant may have issued, or a criminal defense attorney, or a bail bondsman.
If you go online, there are public records websites and a national website: GovernmentRegistry.org., where you can search nationwide for outstanding warrants.
What happens when a warrant is issued?
If police have probable cause to arrest you, then it will go to a judge or magistrate and request a warrant for your arrest be issued, or a court will issue a warrant for your arrest from the bench if you fail to appear in court pursuant to a court order.
The warrant is entered onto a database so that officers in the field will either go to your home or place of business.
If the matter is not a particularly serious one or a misdemeanor, police will usually wait until you are stopped for a traffic violation or you are involved in some other matter where an official is able to access information on your status.
What happens at a hearing for a bench warrant?
If the defendant or person required to appear in court on that date and time fails to appear, then a brief hearing will be held before the judge, prosecutor and possibly the defendant’s attorney, if one has been retained . Absent a compelling reason given by the defendant’s attorney, the court will issue a bench warrant for the defendant’s arrest. If you are arrested and in custody, you will appear in court within 24-72-hours where a judge will determine your custody status and consider any arguments you may have as to why you failed to appear.
How long do you go to jail for failure to appear in court?
If arrested on an warrant for failure to appear in court, you will not be released on your own recognizance, in most cases a bail hearing is scheduled from 24-hours to 72-hours after your arrest at which time bail is typically imposed.
What states extradite warrants?
All states, except Missouri and South Carolina, have adopted the Uniform Criminal Extradition Act, which permits states to arrest someone wanted in another state for a felony or serious sex offense.
For lesser offenses such as misdemeanors, a state where the defendant is wanted will often decline to expend its resources to arrest and extradite the fugitive.
Are bench warrants Issued nationwide?
A bench warrant is not a criminal conviction but is part of the court record.
So if you are detained for a traffic stop, or if someone conducts a search of nation-wide court records on you, it will appear on your record.
What is a no-bail warrant?
A no-bail warrant means that no bail will be imposed on you as a condition of your release, primarily because you have a parole or probation violation, or an immigration hold has been placed on you.
Also, if you have an outstanding warrant on another case, it will have to be cleared before bail can be set on the warrant for which you have just been arrested.
Do failure-to-appear warrants expire?
A warrant issued for a failure to appear does not expire until the issuing judge lifts it, quashes it, or recalls it, or the defendant is placed into custody, or dies.
What is a warrant hearing?
If you are brought into custody on an outstanding warrant or voluntarily schedule a court appearance on your failure to appear, you can present defenses before the court as to why you failed to appear.
The judge will determine your custody status by either allowing you to proceed with future court appearances without imposing bail or the judge may decide to impose bail, or refuse bail because of the severity of your underlying criminal offense.
Can a felony warrant be dropped?
A felony warrant can be dropped only by the issuing judge and usually only after you have appeared in court with your attorney.
Can you board an airplane with an outstanding misdemeanor warrant?
It is unlikely that an airline agent or police officer will discover that you have an outstanding misdemeanor warrant if you are flying domestic, unless there is an immigration hold on you or you are flying on an international flight.
However, if airline security or any airline official asks you if you have any outstanding warrants and your answer is “no,” this is a criminal offense.
Can a bail bondsman find out if you have an outstanding warrant?
Yes, bondsmen generally have access to databases, local and national, where they can advise you of any outstanding warrants.
What happens if I turn myself in for a bench warrant?
If you wish to turn yourself in to a police department or before a court clerk, it is advised that you first find out if bail has been set or consider retaining a defense attorney to have bail set for you, or who can appear in court for you to request that the warrant be recalled. Otherwise, you risk being arrested and detained in jail until the next available court appearance, generally scheduled in 24-72 hours, where you will appear before a judge to determine your custody status and whether bail will be set and in what amount.
How We Can Help
We have recalled hundreds of warrants for our clients and we can do the same for you. If you need to have a bench warrant recalled contact the Aizman Law Firm for a free confidential consultation at 818-351-9555.
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Footnotes
- California Penal Code Section 1320(a) – Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. [↩]
- California Penal Code 1320(b) PC- Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. [↩]
Can you handle an Ohio case when i now live in Kansas
Our law firm is currently licensed to practice in California. We would not be able to handle an Ohio case. I would recommend searching for an attorney on the https://www.nacdl.org website that is based in the city where you have a violation.
Hi Jeff: you would need to contact an attorney in Ohio. We are in California and as of today, only practice in the state of CA.
Hello my name is Jessica Kerr i was arrested in Humboldt county about a year ago after I had an accident where my car lost total power (steering braking ECT.) When while driving the car died. At the moment the car died and lost all power I was on process of maneuvering a a small turn which caused me to lose control of the car and consequently the car rolled down an embankment the CUP wad called and a field sobriety test and breathalyzer were administered I blew all 000 but was still placed under arrest for dui. The officer believed me to be under the influence of heroin or opiates I stated that I did have a dr prescription for Norco but that I hadn’t taken any of my pills for about 2 days I was booked and released and given a pta to make a l9ng story short I ended up mov9ng to my home town in Glenn county and during this time period there was a major rockslide on hwy 299 the only route to get to the court date that I was to make I tried several times to get in contact with the Humboldt county courthouse and let them know the position I was in. I don’t think it was gegetting to the proper authorities and needless to say a FTA misdemeanor warrant was issued. How do o go about taking care of this it’s now been about a year and o know the longer it takes to get it taken care of the worse it looks on me.
When felony indicment comes back, which normally the individual is unaware, and a warrant is issued, can an attorney have the warrant lifted? From my understanding, when an indicment comes back on an individual, he/she are not notified through the mail or in anyway for that matter. Help.
Hi Tracy: It depends on the jurisdiction. In some Los Angeles County courts, for example, the prosecutor will file felony charges and have the Judge issue an arrest warrant. In that case, no letter will be sent out. The circumstances depend on the prosecutorial agency as well as the custom filing procedures in your jurisdiction.
My boyfriend has a bench warrant on top of a probation violation. He was supposed to be sentenced weekends originally. He missed his court date. Can he avoid going to prison on these charges and a new court date be issued?
Hi Rebecca: This depends on a variety of factors. The Judge, the reason for the missed court date and whether there was an agreement in place that he would be sentenced to the maximum if he failed to appear for sentencing or surrender. I suggest reaching out to the attorney that represented him in the proceedings for an accurate estimate of the penalty.
I used to work for assurance wireless and my boss and I got detained by police for being in an area we were not supposed to be (I didn’t know this) he lied (I didn’t) to the police from the start. We got a paper saying to clear a ticket or i would have to go to court. Well my boss told me he cleared both of ours but he only cleared his and I found this out after finding out I had a bench warrant when I got a background check from a job interview back. If I were to go straight to a courthouse tomorrow to either pay whatever fine I’m wondering if there’s a chance I could be arrested? I’m a single mom who just started working again and can’t afford to miss work and have no one to watch my daughter if that were to happen. Thank you
Hi Jessica: Any time there is a warrant, there is a chance you could be remanded into custody. That being said, an effective attorney can explain the situation and highlight what you have to lose if you were taken into custody. Typically Judges will listen to the arguments of counsel and will take reasonable actions in cases like this. Provided you do not have a history of failing to appear, I think it is unlikely that a Judge would remand you. Please know that this information is being provided for informational use only and does not constitute an attorney-client relationship.
Hi Diana Aizman I have a warrant it’s 5000 out of California I now reside in Wisconsin . The judge recalled the warrant but said I still need to show up to court in the next couple of days so now what do I do if I miss the court will their be another warrant what would you advice me to do… I did advice them that I do not reside in the same state anymore but they didn’t care it’s because I failed to pay victim restitution…
Hi David: If you fail to appear again, another warrant will issue. Is the case a misdemeanor or a felony? If it is a misdemeanor, an attorney can appear on your behalf and clear it up for you.
Hello, my boyfriend just got out of jail in san francisco, California about a month or month and a half ago. While he was in there he said that he did a 1381 and spent extra time in jail to clear up the warrants that he had up in Pittsburgh, Pleasant Hill and Antioch California. (Im not sure what cities exactly the wareants are from, so I just put all 3 cities down. So when he got out he went and checked in with his PO as soon as he got out of jail and no mention of any other warrants or anything were said. So he had talked to an officer on Feb 14th, and even at that time they said he has no warrants. So he goes in to see his PO for his monthly check in and she had her cuffs out and said that he has 3 outstanding warrants in contra costa county and they are all misdemeanors and said she was going to arrest him that day but saw that he had been trying hard so she was not gonna arrest him that day. So My boyfriend has an appt on monday again with his PO and said that if the warrants were not taken care of before then she was going to put him into custody that day. Im confused and dont underatand how I did the extra time in jail for these in jail and no one ever mentioned anything to me until this last week and I called and talked to my attorney and she is terrible and no help she said just come in and add yourself to the calendar. It is an hour and a half to get up there and I was on my way up there and I figured I would call them and Im glad I did because they said they stop adding people to the calendar at 1 (we are pacific time) and its already 215 here. I thought courthouses were open till 5pm. Im so confused and scared and dont know what to do, he will be taken into custody on Monday if this is not dealt with but Ive been trying (my car is broke down right now, my PO didnt give me alot of time considering everything hes going thru right now, his baby mama just passed and trying to get the kids and his mom has lupus and grandma has demencha not including we are between houses etc, it is super hard and we need to get this fixed and he has his appt monday with the PO. He thought that he had taken care of all this already with the 1381 PC. Can you please help me with any suggestions. Thank you!
I would have to review the dockets in all of his cases in order to sort this out. Typically, a person with a warrant can walk into the courthouse at the time they open (8:30am for most courthouses) and ask to be added on in order to clear the warrant.
I have a good question. I have a bench warrant that was issued in 2012 for a drink. There has been no guilty verdict yet or fine placed. I don’t live in the USA anymore so obviously I can’t walk in to clear it, yet I can’t get a lawyer to attempt to get the bench warrant cleared so that a lawyer can attend court for me in my absence. I would really like to get this cleared up.
Hi Jose: Depending on where your case originated, we may be able to help. In which county was the case originally assigned?
Milwaukee County , Wisconsin
Unfortunately I am not familiar with the laws of Wisconsin and how they apply to your case. Only an attorney that regularly practices in that county can provide you with reliable legal advice. Best of luck to you.
So my boyfriend just got arrested for two warrants for failure to appear but he was in prison when these warrants we’re first put out. What can I do to prove his incarceration in prison to help get him out of jail. He had just went and seen his parole officer on Thursday and he got arrested that Saturday. You would have thought that the parole officer would have know or arrested him. I need some help and will take any kind of help at this point.oh yes we live in Missouri and the warrants are from Kansas.
Hi Jonna. You should contact an attorney that practices in the county in which your boyfriend’s warrant are located. The attorney familiar with the practices of that court can best advise you as to the process of having the warrants cleared. Best of luck!
Hello my husband missed his final sentencing in a county because he was incarcerated in another county. He was shipped to the other county from the one he now has a warrant that he is being indicted on 2 FTAs now because he missed court while incarcerated. Will they dismiss the fta And still give him his deal since it was unwillful?
Hi Kendra: Typically, in California, the Judge first determines whether the FTA was willful. If he was incarcerated, it was not a willful FTA. His attorney will hopefully be able to successfully argue that during sentencing.
My husband missed a court date in one town while in jail in another town and they issued a warrant. Is there a way to have the warrant dismissed and just start paying his fines without any jail?
Typically, he would go to court with proof that he didn’t willfully fail to appear. The Judge should recall the warrant. However, it is important that he is represented by counsel in court, just in case it is more complicated than that.
I have a friend who is on a most wanted list in a city in La. from what he has told us it was a non violent charge like theft under 2500. is it possible for him to see a judge to have the warrant cleared or would he need to turn himself in to police to have them remove him off there most wanted wall.
He can go directly to the courthouse to clear the warrant, however he should do so with a qualified attorney.
Hello if you have a warrent for missing court to prove you have completed 5 days community service can you clear it up without going to jail?
Possibly, yes. You should have an attorney appear with you to explain the reason for the failure to appear and try to convince the Judge to not impose jail time.
Possibly, yes. You should go to court with an attorney and have the attorney make an argument why you should be given another chance to complete the community service obligation. Ultimately it is up to the Judge as to whether they will allow it, but the argument can always be made.
My 20 Yr Old Nephew was arrested for DUI several days ago, car was impounded, license taken and is now moving from California to Colorado to live wit his brother. In April he has his hearing, but will have no means to return to this state. And I mean no means – he has no car and no money and no desire to return to Ca. What would you advise?
He needs to hire an attorney to appear on his behalf. If the case is a misdemeanor, an attorney can appear on his behalf and he should be able to resolve the case without needing to come back to CA.
He will need to either come back to CA to appear at the arraignment and be represented by the Public Defender, who may then thereafter appear on his behalf while he is in CO, or he will need to hire a private attorney to appear for him. If no appearance is made, either by counsel or by him personally, a bench warrant will issue.
I want to ask a question that I have about an older $500 warrant in West berlin, NJ. I looked it up said that I have a bail amount of $500 bail type: Full & it also says that I have an ACTIVE WARRANT because I didn’t pay it previously. If I pay the full amount of $500 today will my warrant be lifted? Can I pay it in full on-line with a credit card?
You should contact the clerk of the court in West Berlin, NJ. Every court has their own policies and procedures. Some allow online fine payment and some, like Los Angeles County for example, do not. An attorney licensed to practice in West Berlin, NJ would also be able to assist.
I missed my court hearing today. I do not live in the same city as the court and I couldnt find transportation there. My case was a failure to reduce speed. Nothing major. I called to let them know I couldnt make it. But they wouldn’t reschedule it. I cant afford a lawyer being I am currently homeless and unemployed. What can i do. I can NOT get arrested.
You will need to go to court to clear up the warrant. It will remain outstanding until you go to court and ask the Judge to recall it. It is possible to hire an attorney to try and clear the warrant in your absence, however, most courts will require that you personally appear to have the warrant recalled.
I missed my court date today and called and talked to like 3 people at the court house trying to tell them that I have no transportation to the courthouse and none of them helped me at all all they kept saying was that I needed to be there or the judge will issue a bench warrant but I have no way of getting over there and the lady said if I go in tommarow the warrant will go away but I’m scared if I go I’ll go to jail this is my first time dealing with court stuff it’s for no license or insurance but will the judge take away this warrant when I show up?
Generally speaking, the sooner a defendant goes back to court to clear the warrant, the less likely the Judge is to remand them into custody. That being said, it is entirely up to the Judge how to proceed and the entirety of the record will be considered when the court makes their determination.
There isn’t anything else on my criminal record all I have is the no license and no insurance this is my first time dealing with court issues
Help!!!
My boyfriend just realized he has a bench warrant when he called for his monthly check in probation and was told by the automated system that he isnt enrolled in probation anymore. He didn’t receive any notice to appear in court so confused as to why he has a bench warrant . He cant get arrested since I am pregnant and I currently dont work so he is working full time and providing for me financially. Its our first baby and are already under financial hardship .
In which state and county is the probation?
San Diego
San diego, CA
My daughter was arrested for not showing up for court on a felony but she was never severed or notified by her court appointed lawyer when her court date was her lawyer new she was staying with me and I give him my address and phone number and we were never ever informed of her court date now she is sitting in jail and she was denied bond what can I do to fix this issue
Hi Tracy: I’m so sorry to hear about your daughter. The only thing that can be done at this point is to wait until Monday and try to convince the Judge to allow bail. Her lawyer should set the matter for bail review (depending on the circumstances of the proceedings).
Hi… I received a failure to appear for court on a forgery charge more than 2,000 but under 10,000, as well as 2cts of breach of trust under 2,000. I missed court due to being at my doctors appointment doing chemotherapy and have all doctor notes. Due to my illness and me still being sick. Can I hire an attorney to clear up the failure to appear in my absence due to my illness?
Hi Derrick: It depends on where your case is out of and the level of the charge. In which county/state is your case and is the charge a felony or a misdemeanor?
Hi. Hope you’re well. The charge is in South Carolina and it’s a felony charge.
You will have to contact an attorney in South Carolina. Unfortunately we are unable to advise you on the laws in any state other than California. Best of luck to you!
I caught a misdemeanor charge in 2013.. was being put off to see if I completed drug court. I thought it was handled. When sent to a department of corrections program this past year I found out I had a bench warrant from 2016.. they wouldn’t come get me 150 miles away so I was released after 18 months of incarceration. Is there a way to get a court date set to handle this charge that is a misdemeanor without turning myself in?
In which county and state is the case?
I have a bench warrant for a probation violation which was not going to school and not showing up to my appointments with my p.o and for not appearing in court on the last day of my probation. I was 15 during that time, now i’m 18 i have a bench warrant in california and right now i live in mexico but i want to cross to Arizona but i’m scared that my warrant will pop up on border customs
Hello my husband has a warrant out of flordia for FTA on a speeding ticket. They said we can pay the ticket but they cant release the warrant. We have to write the judge to try to dismiss the case. What should we write to them . We are willing to pay all fines but we live states away and we cant just drive down there. Lack of income . What should we write him explaing the situation. This happened in 2008 and the warrent still haunts him . We have been pulled over but no police will do anything because they said they wont extradite. Please any info would help
Unfortunately we can’t advise you on Florida matters as we are only licensed in CA. The law and procedure is different here and therefore we recommend reaching out to an attorney in Florida to help you with this. Best of luck!
i am in florida and have two warrants for failure to appear on a trespassing charge and on a petty theft charge, do i have to fly back to California to have them dropped or can i hire an attorney to appear for me? If I do need an attorney how much would it cost
Hi Kyle: It depends on the Judge. Some will allow an attorney to recall the warrant in your absence with a showing of good cause and some are patently opposed and will not do it under any circumstances. The cost also depends on the status of your case and which courthouse the case is in. Feel free to contact us for a consultation.
I have a ticket for failure to show proof of insurance
I never appeared in court as I went out of town for a job
I have a Bench Warrant for Informal Probation Violation. I did not complete my court ordered 80 community service hours from a 1st time dui offense. The community Service hours were due about 2yrs ago. I have 6 kids and I am the only provider for my kids. I had to move out of state in order to keep from becoming homeless. Is there any possibility of clearing my bench warrant and getting a chance at getting my communtiy service hours taken care of without going to jail and losing my kids and job? I have finally gotten some financial stability with my kids but I really want to take care of my warrant and community service without losing it all.
Following
Hello I’m 19 and received an infraction for possession of less than 8 grams of marijuana in Los Angeles but missed my court date due to my ticket getting washed and all the Ink was smugged so I waited for a letter to appear in court but never received one so my best guess is I have a warrant for my arrest but I want to pay the fines or anything possible as long as I don’t go to jail what do I do please help !!
I have 3 warrants for dui in California. I had to leave an abusive relationship by moving to Florida. 24 years later n I still fear for my life from my abuser. But I can’t get a good job with those warrants. How can I clear them warrants from my record so I can get a good job. Or wat do I need to do. Can I get these warrants transferred to Florida? Thank you
i’m in the same position and i haven’t gotten an answer yet from anywhere
Please see the above response.
I’m so sorry to hear about your situation. You can not get the warrants transferred to FL, but an attorney in CA can try to have the warrants recalled in your absence. Judges are usually VERY hesitant to do this, but with a showing of good cause, it may be done in misdemeanor cases. It is entirely up to the Judge as to whether or not to permit the recall of a misdemeanor warrant without the client in court.
How can I have a warrant a FTA on a dropped misnomer charge. I was stopped by Walmart security because something was left in a cart . I did not have id so cops were called and they gave a court date. When I left security and Walmart allowed me to pay for the 2.00 item they said I stole. I spent over 100.00 and forgot the item because it fell to the bottom of the cart. I went to a manager a few days later they thought it was weird and said it would be dropped. I looked online saw it was dropped and last week was pulled over and told I had a FTA on that issue. Only time I have had a record. never went to jail. looked online charges were dropped last year but still I have this active warrant. I was fired from my job now too because my insurance licence was taken away. I am scared to go in.
The only way to have a warrant recalled is for you or your attorney to go to court and have the case reinstated. In California, most judges are very hesitant to recall a warrant without the client present in court. In some cases, an attorney may appear on behalf of the client, but there must be a showing of good cause and the Judge may still not permit the recall of the warrant.
so i got a minor fix a ticket when i just got my driving permit all i had to do was go to court and show my driver licence a week later but i never went to my court date and now my ticket when to collection ftp
Im actually be at court today and we are in recess. I have an FTA that is 10 yrs old,they offered me 2 yrs probation and in told my public defender i would take misdemeanor pronation and she said DA agreed. Niw im thinkng about pleading not guilty and truing to get it dismissed as the charges i failed to appear on have been dismissed!!! I was in jail 30 days before i made bond. Think id be wrong to nit take the 1129 probation?!
Why not appoint the judge to settle all your legal woes by submitting in a irs form 56 that perhaps dismiss the warrant of any kind and much more.
Hello Anthony: Unfortunately IRS form 56 is inapplicable in CA state criminal matters.
I have a bench warrant in Tulsa, OK for failure to appear on a hospital bill from 10 years ago. Is there anyone who can help me?
Hi Michelle: I am licensed to practice law in California. You would need to speak to an attorney licensed in Oklahoma.
Can a bench warrant hold be taken off if you have been incarcerated in another county? My husband was out on bail and fighting a case in LA county and was re-arrested in Orange county. When we tried to bail out they said there was a hold because of a bench warrant for failure to appear. his lawyer said he would have to resolve the case in OC first. is there a way to get the bench warrant taken care of so that we could post bail?
A young person that I know personally and they are a good person, just their disability stands in the way sometimes but they found out that there was a bench warrant for them in another state, because of his fingerprint card was denied. They were homeless in the other state and decided to move with family in another state. Because of their disability they never told or don’t remember what steps they should have done before leaving. They don’t want to lose their current job, they just need to pay the fine I hope. If they call the state they left and pay the court fines, will their fingerprint clearance approve it or will it still be denied?
I have a hold on my Ca. driver license that has been there since 2015. It is for FTA. The fine is $900+ but I was granted a reduced sentence in 2016 to $25. I never received notice that it was granted and was only good for 30 days. I have been driving under these terms for several years, and been unemployed the entire time. I finally decided enough was enough and went to see if I could get a reduced fine again and was denied. At this point it is not an FTA because it has gone to collections, and I have obviously applied for a reduced sentence twice, yet the Butte County court still calls it an FTA and it still has a hold on my CDL at the DMV. I cannot afford to pay $900 or any portion thereof. I have been unemployed for almost five years because of this. This all started as a registration ticket.
I have a question regarding a misdemeanor traffic warrant. There was a warrant issued for me for fta on a traffic offense. I was pulled over and given a ticket and the county it is in is about a hour and a half away from me. Would the warrant show up in the county I live in?? Also would my local police come to my home to get me on this warrant being it is a misdemeanor traffic warrant?? So what I am asking is would my county come get me on a warrant from a county a hour and a half away being it is a misdemeanor warrant for a traffic ticket??
I have a felony warrant that is 6 hours away in the same state, my checkbook was stolen and they attempted to write a check and now I have a warrant they waited 2 years to file the warrant and the warrant is not correct is there any way I can fight this and get it lifted without paying 500 for bail? I dont want to go to jail for any amount of time for something I haven’t done especially when I never been in trouble before?
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I have a question regarding my misdemeanor probation. I am required to have random drug screenings as a condition of my probation. I was notified at my newest drug screening that there was a bench warrant issued for me because of a failed drug screening. The probation officer told me that I had tested positive for amphetamines and that he would give me plenty of time to get my all my affairs in order so that I to get the $300 bond money together and to pick out a date and time that wouldn’t interfere with my kids school schedule. I told him that I take Adderall for ADD and that I would show him my pill bottle. I apologised for not reporting that prior and taking it was something new.I gave him the name and number of the doctor who prescribed the medication as well as the pharmacy. All I was told was that I would have to turn myself in, pay my bond, see the judge, and probably get the entire thing dismissed. So, my question is why can’t my probation officer resolve any of this and dismiss the arrest warrant? Why was I ambushed about the warrant and no conversation were had prior. I could have shown him all the proof beforehand. This isn’t making any sense to me. Can I shut this whole thing down without turning myself in? Any info would be extremely appreciated. Thank you in advance.
I have a beanch warrent in Kentucky. Once it’s back in the court docket how long before it’s lifted
Hi Lisa: We are licensed to practice law in California. You would need to speak to an attorney licensed in Kentucky for an accurate answer to your question.
My husband just received a letter from Orange County, Fullerton Criminal Justice regarding a Warrant for his arrest and it shows a case number. This happened over 20 years ago and he thought his attorney took care of everything. I searched his records on line and it shows up as a bench warrant, but does not state the penal codes. Doing a background check, it shows that that particular case number was sealed per attorneys request. Do I need to find out if a bail amount has been set or should he show up to the court or contact an attorney?
My boyfriend is in jail in Texas and he has a pending charge from another county. If he fills the motion for a bench warrent himself how long do they have to come get him and does it have to go to the county clerck or can he send it to the judge?
Hello, I have a 2014 felony warrant for forgery out of Pasadena, CA. The only reason I did not show up to my court date is because in was in jail on charges I did not know I had. I was visiting family in Colorado and the police busted my hotel door down and arrested me for a felony forgery warrant in Kansas. I was extradited to Kansas and given 3 years prison time and 1 year parole. The whole time I was in prison I filed everything I could for California to come and get me so I could face these charges and all I was told I’d they are non extraditeabl and California will not be picking me up!! I have all my paperwork for these fillings!!! While in Kansas I met my fiance got a job and have not been in any trouble at all since I was release off parole for good behavior. I was never running from this case, not ever!! I have a very quiet and calm life free of people that influenced me to use drugs and commit crimes (all of which live in California). I didnt go back after parole because I love the life and stability I built in Kansas and I know now what my poison is and unfortunately its California. I have made many sacrifices, not being able to see my family, my son or attend any family functions in 6 years has been the hardest sacrifice ever in life that I have made. I want to get this taken care of really bad!!I don’t have a lot of money, really have no money since I lost my job in April. So if you could point me in the right direction to either handle this myself or if god willing, you can help me? Just tell me what I need to do?? Thank you so very much and have a blessed day.
Superior Court of California
County of Los Angeles
Case No: GA092431
Date of Arrest: 01/25/2014
Pasadena Police Dept
Counts 1-6: 459 PC FEL
Count 7: 470(A) FEL
Count 8: 470b PC FEL
Count 9: 475 (A) PC FEL
Judge: Terry Smerling
DA: Marlene Sanchez
Court date for my arraignment that I was not able to attend was scheduled for 02/25/2014.
Bench Warrant was issued that day.
It’s been 7 long years. I’m very much ready to do whatever I have to to get to see my family.
ounts of 459 PC
I have a misdemeanor warrant in San Joaquin county now I live in orange county how can I get the warrant removed?
I need to get my tickets cleared i have already paid the tickets but the warrant is still active my tickets are frm san diego county riverside and orange county can you help raquel valdez 05/11/1981
I missed my court date by almost 11 days now. This was absolutely not intentional. Im out on bail. I got a call from the bailbonds telling me a few days afterwards that I kissed court. But theres no warrant or bench warrant that I can see. This is for a ‘felony domestic violence’ No charges pressed by the ‘victim’ nor the DA as this is a continued issue. The ‘victim’ who is MY abuser, in this case, scratched himself right before.cops showed up. And eventho I was covered head to toe in bruises, a black eye healing still, and a busted lip. (Officers took photos) they arrested me cause I said he didnt hit me cause he hadnt that night. But i also did not scratch him which i stated. Theres been 6 arrests on me for DV (wrongful DV) and not.once did the ‘victim’ press charges or the DA pick them up. Clearly., Im the real victim. And he has been arrested 4 times and has his sentencing at the end of the month. It is VERY important and crucial for me to be at his court date to give my testimony. Im in fear of going to the court house for my fta and get it rescheduled..that they will arrest me and I miss going to testify. And i need to put this person away who has abused me for almost 3 years..and ive finally had the guts to leave him and want him to do some time. What are the chances of my NOT going to jail when i go speak to the DA at the court house?? This is in C.A……thank you.