Bench Warrants in California: What They Are and How to Clear Them
A bench warrant in California is a court-issued order directing law enforcement to arrest a person who has failed to comply with a court order.
Unlike arrest warrants issued during criminal investigations, bench warrants are typically issued by a judge (“from the bench”) when a person violates a court order.
Bench warrants can lead to immediate arrest, additional criminal charges, and complications in your case. Understanding how they work—and how to resolve them—is critical.
If you've been charged with a crime in Los Angeles, one of the first and most important questions is how long the process will take. The answer depends on several factors.
For the best chance at a positive outcome, consider reaching out to an experienced California criminal defense attorney at Cron, Israels & Stark.
We're here to support you—simply give us a call at (424) 372-3112 or fill out the contact form here to schedule a consultation.
What Is a Bench Warrant?
A bench warrant is issued when a judge believes a defendant has disobeyed a court order. This usually happens after:
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missing a scheduled court appearance
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failing to pay court-ordered fines
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failing to comply with court conditions (such as classes or programs)
Once issued, the warrant authorizes law enforcement to take you into custody at any time.
While California Penal Code Section 978.5 primarily governs court appearances, it also applies when a defendant fails to appear properly or comply with court procedures—often resulting in a bench warrant for arrest.
Related Crimes to Bench Warrants in California
When a bench warrant is issued, it often leads to additional criminal charges depending on the underlying conduct. Prosecutors frequently file these related offenses to increase penalties or address separate violations of the law.
Understanding these related crimes is critical because they can significantly impact your case, exposure to jail time, and long-term record.
Failure to Appear – Penal Code 1320 PC (Misdemeanor Cases)
Penal Code 1320 PC applies when a person willfully fails to appear in court after being released on their own recognizance (no bail) in a misdemeanor case.
Key elements include:
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you were lawfully released from custody
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you were required to appear in court
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you willfully failed to appear
Penalties:
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up to 6 months in county jail
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fines and additional court penalties
Failure to Appear – Penal Code 1320.5 PC (Felony Cases)
Penal Code 1320.5 PC applies to felony cases and is significantly more serious.
This charge applies when:
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you were released on bail or your own recognizance
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you were charged with or convicted of a felony
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you willfully failed to appear in court
Penalties:
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felony charge
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up to 3 years in county jail or state prison
Contempt of Court – Penal Code 166 PC
Contempt of court occurs when a person willfully disobeys a lawful court order.
This can include:
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ignoring court appearance requirements
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violating court directives
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refusing to comply with judicial orders
Penalties:
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up to 6 months in jail
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fines up to $1,000
Probation Violation – Penal Code 1203.2 PC
If you are on probation, failing to appear or comply with court orders may result in a probation violation.
This can lead to:
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revocation of probation
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additional conditions
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jail or prison time
The consequences depend on the original offense and the severity of the violation.
Bail Jumping
Although California statutes focus on failure to appear, “bail jumping” is commonly used to describe failing to return to court after posting bail.
Courts treat this seriously because it:
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undermines the bail system
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increases flight risk concerns
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often leads to higher bail or denial of release
Driving on a Suspended License – Vehicle Code 14601 VC
If a bench warrant stems from a traffic case, your driver's license may be suspended. Continuing to drive can lead to additional charges.
Penalties may include:
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additional fines
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possible jail time
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extended license suspension
Resisting or Evading Arrest – Penal Code 148 PC
If law enforcement attempts to arrest you on a bench warrant and you resist or evade, you may face separate charges.
This includes:
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refusing lawful arrest
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fleeing from officers
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interfering with law enforcement duties
Penalties:
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misdemeanor charges
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jail time and fines
Providing False Identification – Penal Code 148.9 PC
Attempting to avoid arrest on a warrant by giving false information to police is a separate offense.
Penalties:
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misdemeanor charge
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up to 6 months in jail
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additional fines
Why These Related Charges Matter
Bench warrants often trigger a chain reaction of legal issues. What starts as a missed court date can escalate into multiple charges, including new misdemeanors or felonies.
Prosecutors may file these additional offenses to:
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increase potential penalties
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pressure defendants in negotiations
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address repeated noncompliance with court orders
The Importance of Early Legal Intervention
The sooner you address a bench warrant, the more options you have to avoid additional charges. Acting quickly can:
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prevent arrest
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reduce penalties
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limit exposure to new criminal charges
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improve your chances of a favorable outcome
What Happens After a Bench Warrant Is Issued?
Once a bench warrant is active:
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law enforcement can arrest you at home, work, or during a traffic stop
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your information is entered into statewide databases
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you may be held in custody until appearing before a judge
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bail may be set—or denied
In some cases, the court may place a “hold” preventing release until your case is addressed.
Penalties for Bench Warrants in California
The consequences depend on the underlying case and reason for the warrant.
Additional Criminal Charges
You may face new charges such as:
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failure to appear (Penal Code 1320 or 1320.5)
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contempt of court
Jail Time
Judges may impose jail time, especially for repeated violations.
Fines and Penalties
Additional fines, fees, or penalties may be added to your case.
License Suspension
In traffic-related cases, your driver's license may be suspended.
Can You Be Arrested for a Bench Warrant?
Yes. Bench warrants allow police to arrest you:
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without prior notice
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at any time
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anywhere in California
Even minor underlying offenses can result in arrest if a warrant is active.
How to Clear a Bench Warrant in California
The best way to resolve a bench warrant is to take action immediately. Options may include:
Voluntary Court Appearance
Appearing in court (often through an attorney) to request that the warrant be recalled.
Motion to Recall the Warrant
An attorney can file a motion asking the judge to:
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reinstate your case
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release you on your own recognizance
Posting Bail
In some cases, you may need to post bail to be released after arrest.
Addressing the Underlying Issue
Courts are more likely to recall a warrant if you:
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pay outstanding fines
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enroll in required programs
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show good cause for missing court
Can an Attorney Appear for You?
In many misdemeanor cases, a lawyer can appear in court on your behalf without you being present.
This can:
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prevent arrest
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resolve the warrant quickly
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minimize disruption to your life
Felony cases usually require your personal appearance.
Defenses and Legal Strategies for Bench Warrants in California
Successfully resolving a bench warrant requires more than simply appearing in court—it involves presenting a strategic, legally supported explanation for the alleged violation and minimizing the risk of custody or additional penalties.
Below are the most effective defense approaches used in California courts.
Lack of Proper Notice
One of the strongest defenses is that you were never properly notified of your court date or obligation.
This may apply if:
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the notice was sent to the wrong address
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you never received the citation or court paperwork
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there was a clerical or mailing error
If the court cannot prove you had actual notice, the judge may recall the warrant without penalties.
Good Cause for Failure to Appear
Courts may recall a warrant if you can show a legitimate and unavoidable reason for missing court.
Common examples include:
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medical emergencies or hospitalization
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car accidents or transportation failures
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family emergencies
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work-related conflicts that could not be avoided
Supporting documentation—such as medical records or repair receipts—can significantly strengthen this defense.
Mistaken Identity or Administrative Error
Bench warrants are sometimes issued due to clerical mistakes or identity confusion.
This defense may apply where:
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you were confused with another individual
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court records contain incorrect information
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you actually complied with the order, but it was not recorded properly
An attorney can present proof to quickly correct these errors.
Compliance or Substantial Compliance
If you made a genuine effort to comply with court orders, the judge may be more lenient.
Examples include:
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partial payment of fines
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enrollment in required classes or programs
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attempts to reschedule a missed hearing
Demonstrating good faith effort can lead to the recall of the warrant and reduced penalties.
Financial Inability (Ability-to-Pay Defense)
If the warrant was issued for failure to pay fines or fees, you may argue that you lacked the financial ability to comply.
Courts cannot punish individuals solely for being unable to pay. A strong defense may include:
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proof of unemployment or financial hardship
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requests for payment plans or fee reductions
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evidence of attempts to pay
Judges may convert fines to community service or modify payment terms.
Attorney Appearance and Motion to Recall
In many misdemeanor cases, an attorney can appear on your behalf and request that the warrant be recalled without you being taken into custody.
A well-prepared motion can:
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explain the circumstances of the violation
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present mitigating evidence
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request release on your own recognizance (no bail)
This is often the safest and most effective strategy.
Negotiating Favorable Terms with the Court
An experienced California criminal defense attorney can often negotiate outcomes that minimize consequences, such as:
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recalling the warrant without jail time
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reinstating probation under modified terms
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converting fines into alternative penalties
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avoiding additional charges like failure to appear
Early negotiation can prevent the situation from escalating.
Challenging Additional Charges
If you are charged with failure to appear or contempt of court, your defense may focus on:
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lack of intent to evade the court
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misunderstanding of court requirements
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insufficient evidence of willful violation
Reducing or dismissing these additional charges is key to limiting long-term consequences.
Why Strategy Matters
Judges take bench warrants seriously, but they also recognize that mistakes happen. The difference between being taken into custody and walking out of court often depends on:
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how quickly you act
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how well your defense is presented
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whether you demonstrate responsibility and good faith
A proactive legal strategy can significantly improve your outcome and help you avoid unnecessary jail time.
Frequently Asked Questions (FAQs)
What is the difference between a bench warrant and an arrest warrant?
A bench warrant is issued for failing to comply with a court order, while an arrest warrant is issued based on suspected criminal activity.
How do I know if I have a bench warrant?
You can check court records, contact the courthouse, or have an attorney check on your behalf.
Can a bench warrant go away on its own?
No. Bench warrants remain active until resolved by the court.
Will I go to jail for a bench warrant?
Possibly. Some people are released quickly, while others may remain in custody depending on the case.
Can I clear a warrant without going to jail?
Yes. In many cases, an attorney can help recall the warrant without you being taken into custody.
Does a bench warrant affect my record?
Yes. It can impact your criminal record and may affect employment or background checks.
Speak With a California Criminal Defense Attorney
A bench warrant is a serious legal issue that should not be ignored. The longer it remains active, the greater the risk of arrest and additional penalties.
An experienced California criminal defense attorney can help you recall the warrant, appear in court, and resolve your case while protecting your rights and minimizing consequences.
The talented criminal defense attorneys at Cron, Israels & Stark in Los Angeles are ready to support you.
Feel free to book a consultation through the contact form or call us at (424) 372-3112. We're here to help you every step of the way!