An active warrant in California can lead to arrest at any time—during a traffic stop, at home, or even at work.
It can also negatively affect employment background checks, professional licenses, and your ability to resolve an underlying case.
The good news is that most warrants can be cleared, recalled, or “quashed” with the right legal strategy. Acting quickly and proactively is critical to avoiding arrest and minimizing consequences.
For the best possible outcome, it's a great idea to connect with an experienced California criminal defense attorney at Cron, Israels & Stark.
To set up a consultation, just give us a call at (424) 372-3112 or fill out the contact form here.
What Does It Mean to “Quash” a Warrant?
To “quash” a warrant means to cancel or recall it through the court. This typically requires:
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appearing before a judge voluntarily, or
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having a criminal defense attorney appear on your behalf (in certain cases)
Judges are generally more favorable when you take proactive steps rather than waiting to be arrested.
Types of Warrants in California
Understanding the type of warrant is the first step in removing it.
Bench Warrant
A bench warrant is issued by a judge when you:
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fail to appear in court (FTA)
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violate a court order
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fail to pay fines or complete required programs
Under California Penal Code Section 853.7, failing to appear in court after signing a citation constitutes a separate criminal offense—even if the original charge was minor. These are the most common warrants and are often the easiest to resolve.
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.
Arrest Warrant
An arrest warrant is issued when law enforcement presents probable cause that you committed a crime.
These warrants allow police to:
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arrest you at any time
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take you into custody without warning
They are more serious and often require careful legal handling to avoid jail time.
Search Warrant
A search warrant allows law enforcement to search:
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your home
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your vehicle
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your business or property
While not something you “clear” in the same way, search warrants can be challenged in court if improperly issued.
How to Clear a Bench Warrant
Bench warrants are typically resolved by going back to court and explaining the situation.
Common Ways to Quash a Bench Warrant
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appearing in court voluntarily
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having your attorney appear (for most misdemeanors)
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completing outstanding obligations (fines, classes, community service)
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providing a valid explanation for missing court
If successful, the judge may:
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recall the warrant
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release you without custody
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reinstate your case on the court calendar
How to Handle an Arrest Warrant
Arrest warrants require a more strategic approach.
A defense attorney may:
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contact the court before you are arrested
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arrange a voluntary surrender
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argue for bail or release on your own recognizance (OR)
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present evidence to challenge probable cause
In some cases, early intervention can prevent charges from being filed altogether.
Can a Lawyer Remove a Warrant Without You Appearing?
In many misdemeanor cases, yes.
An attorney can often:
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appear in court on your behalf
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request that the warrant be recalled
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resolve the underlying issue without you being taken into custody
However, for felony warrants, you are usually required to appear in court personally.
Consequences of an Active Warrant
Ignoring a warrant can lead to serious consequences, including:
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immediate arrest at any time
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increased bail or denial of release
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driver's license suspension through the DMV
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negative impact on background checks
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additional criminal charges for failure to appear
Taking action early can help you avoid these outcomes.
Challenging a Search Warrant
If your case involves a search warrant, your attorney may file a motion to:
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quash the warrant (argue it was invalid), or
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traverse the warrant (challenge false statements in the affidavit)
These are often called “Franks motions” and can result in suppression of evidence if successful.
Frequently Asked Questions
Can I be arrested for a warrant during a traffic stop?
Yes. Police can arrest you immediately if a warrant appears during a routine check.
How long does a warrant stay active?
Warrants generally remain active until they are cleared by the court.
Can a warrant be cleared without going to jail?
Yes. Many warrants can be resolved without custody, especially with a lawyer's help.
What if I missed court by accident?
You can explain the circumstances to the judge. Valid reasons may help avoid penalties.
Will a warrant show up on a background check?
Yes. Active warrants can appear on background checks and affect employment or housing.
Why Early Legal Help Matters
Clearing a warrant is not just about showing up in court—it is about doing so strategically.
An experienced California criminal defense attorney can:
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determine if a warrant exists
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identify the type of warrant
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coordinate court appearances
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argue for release without custody
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resolve the underlying case
In many situations, acting before law enforcement intervenes can significantly improve the outcome.
Speak With a California Criminal Defense Attorney
An active warrant will not resolve itself, and waiting only increases the risk of arrest, higher bail, and additional penalties. The smartest move is to take control of the situation before law enforcement does.
If you suspect you have a bench warrant or arrest warrant, do not contact the court or police on your own without legal guidance. What you say and how you appear can directly impact whether you are taken into custody.
An experienced California criminal defense attorney can step in immediately and guide you through the safest and most effective path to clearing your warrant. Early legal intervention can:
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confirm whether a warrant exists and identify its type
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coordinate a voluntary court appearance to avoid arrest
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appear on your behalf in many misdemeanor cases
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request that the judge recall or quash the warrant
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argue for release without bail or reduced bail
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resolve the underlying case that led to the warrant
In many situations, a properly handled warrant recall can be completed without jail time—especially when addressed proactively.
Warrant cases are highly time-sensitive. The longer you wait, the more likely it is that law enforcement will act first.
If you have an outstanding warrant in California, speaking with a defense attorney as soon as possible can make a critical difference in protecting your freedom and resolving your case efficiently.
The criminal defense attorneys at Cron, Israels & Stark, based in Los Angeles, are available to assist. Please schedule your consultation at your earliest convenience.
