If you have an active bench warrant or arrest warrant in California, you may be able to have it recalled and quashed without going to jail.
Many people believe that once a warrant is issued, arrest is unavoidable. That is not always true.
In many cases, an experienced California criminal defense attorney can arrange to have the warrant cleared through negotiation and a court appearance without the client spending time in custody.
Understanding the type of warrant and your options is critical.
A bench warrant is a type of arrest warrant issued by a judge, or "the bench," hence the name.
Your best chance for a favorable outcome is with a defense attorney at Eisner Gorin LLP.
To schedule a consultation, call (818) 781-1570 or contact us here.
What Is a Bench Warrant?
A bench warrant is issued by a judge when a defendant fails to comply with a court order.
Common reasons include:
-
Failure to pay fines or restitution
-
Failure to complete a court-ordered program
-
Failure to provide proof of enrollment in DUI, domestic violence, or counseling classes
Once issued, a bench warrant authorizes any law enforcement officer in California to arrest you.
What Is an Arrest Warrant?
An arrest warrant is issued when criminal charges are filed, but the defendant is not already in custody.
This frequently occurs in:
-
Fraud investigations
-
Financial offenses
-
Long-term investigations
Because law enforcement can only hold someone for 48 hours without filing charges, prosecutors often file charges and request an arrest warrant at the same time.
Can a Warrant Be Recalled Without Going to Jail?
Yes, in many cases.
The legal term for clearing a warrant is to recall and quash it.
The ability to avoid jail depends on:
-
The type of warrant
-
The underlying charge
-
Whether it is a misdemeanor or a felony
-
Your criminal history
-
Whether negotiations occur in advance
Defendants who voluntarily address a warrant are often treated more favorably than those arrested unexpectedly.
Clearing a Misdemeanor Bench Warrant
In many misdemeanor cases, your attorney can appear in court on your behalf under Penal Code section 977.
This may allow:
-
A new court date to be set
-
Bail to be reduced or waived
-
No custody time
This is especially helpful for clients who:
-
Live out of state
-
Cannot miss work
-
Have childcare responsibilities
-
Risk losing employment
Clearing a Felony Bench Warrant
In felony cases, the defendant typically must personally appear in court to have the warrant recalled.
However, experienced counsel can often:
-
Negotiate with the prosecutor beforehand
-
Arrange a self-surrender
-
Request own recognizance release
-
Secure reduced bail
-
Prevent immediate custody
Entering the courthouse voluntarily through the front door significantly increases the chance of leaving without going to jail.
What Is Self-Surrender?
Self-surrender means voluntarily appearing in court to address the warrant.
When done properly:
-
The attorney coordinates with the prosecutor
-
The judge is informed in advance
-
Bail issues are negotiated
-
The client appears prepared
This proactive approach shows respect for the court process and often reduces the likelihood of custody.
What Happens If You Ignore a Warrant?
If you ignore a warrant:
-
You can be arrested during any traffic stop
-
You can be arrested at home or work
-
Judges may view you unfavorably
-
Additional charges may be filed
Even if law enforcement is not actively searching for you, the warrant remains active statewide.
Bench Warrants for Probation Violations
Bench warrants are frequently issued for alleged probation violations, such as:
-
Failure to report to probation
-
Failure to complete required classes
-
Failure to pay fines
-
Arrest for a new offense
With proper legal representation, it may be possible to:
-
Reinstate probation
-
Avoid jail
-
Modify probation terms
-
Set up payment plans
Related California Offenses That Often Lead to Warrants
Certain offenses frequently result in bench or arrest warrants when court appearances are missed.
Penal Code 1320 – Failure to Appear
Failure to appear while released on bail can result in additional misdemeanor or felony charges.
Vehicle Code 40508 – Failure to Appear on a Traffic Ticket
Missing a traffic court date can lead to a misdemeanor charge and a bench warrant.
Penal Code 1203.2 – Probation Violation
Violating probation terms can result in a bench warrant and possible custody.
Penal Code 166 – Contempt of Court
Failure to comply with court orders may result in contempt charges and arrest.
Frequently Asked Questions
Can my lawyer clear my warrant without me going to court?
In many misdemeanor cases, yes. In felony cases, personal appearance is usually required, but jail may still be avoided.
Will I automatically go to jail if I show up?
Not necessarily. With proper preparation and negotiation, many clients avoid custody.
Can bail be reduced?
Yes. Your attorney can request reduced bail or own recognizance release.
What does quash mean?
Quash means to cancel or recall the warrant from the court system.
Will the warrant show up in other counties?
Yes. Warrants are generally statewide and enforceable by any California law enforcement agency.
Why You Should Hire a Lawyer Before Addressing a Warrant
Walking into court without legal representation can be risky. Judges may:
-
Remand you into custody
-
Set high bail
-
Refuse to recall the warrant
An experienced criminal defense attorney can:
-
Contact the prosecutor in advance
-
Review the court file
-
Negotiate release terms
-
Prepare mitigation
-
Argue for recall without custody
Strategic preparation significantly improves the outcome.
Contact a Los Angeles Criminal Defense Attorney
If you have an outstanding bench warrant or arrest warrant in California, do not ignore it.
Our experienced criminal defense attorneys can evaluate your situation and determine the safest strategy to clear your warrant, often without jail.
Contact Eisner Gorin LLP to review your warrant situation and protect your freedom.
Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,