A bench warrant issued in California has no expiration date. It is in effect until the warranted person dies, or the warrant is lifted. In California, a person can clear a BW by appearing in court before the judge, or having the party's criminal defense attorney represent him in court.

If you believe you have a bench warrant issued against you, contact Law Office of Michael L. Fell at (949) 585-9055 to find out how you can best proceed.

You can be arrested due to a bench warrant

A person risks being arrested if a bench warrant is not cleared, and a judge may release them with a warning or be sentence them to prison.

The most common form of warrant issued in California is a "bench warrant" (also known as a "body attachment"). It comes from "the bench," which refers to the judge. These warrants are not issued because criminal conduct is suspected. Rather, a judge orders a BW where one of the parties has failed to attend court, pay a fee, or comply with a court order.

A California BW allows law enforcement officers to arrest and bring the individual specified in the warrant to court.

What is the duration of a bench warrant?

In California, a bench warrant does not expire. After, say, five years, it is not erased or eliminated. Rather, it will continue to be in effect until the individual mentioned in the warrant is caught or killed, or the warrant is dismissed. Arrest warrants, on the other hand, usually do not expire until the individual is captured or the warrant is recalled by the court.

BWs do not expire in California since doing so would promote bad and dishonest activity. In order to evade arrest, those who are subject to a warrant would spend time avoiding a judge or lying to a court.

How does one have a bench warrant lifted?

A BW can also be cleared by "recalling" or "quashing" it. A bench warrant is quashed when it is removed from the California legal system. To recall a warrant, a party must appear in court. A person's attorney can represent him or her in court if the defendant failed to appear in court or make a payment in connection with a minor crime.

If a person fails to comply a court order issued as a result of a criminal case, the individual must appear in court personally (with or without an attorney) to clear a BW.

A party (or his counsel) can try to get a bench warrant quashed by alleging that he never got a summons to appear in court, he followed all of the terms and conditions of a court order, he was ignorant that a case had been filed, and/or there was an identification error.

Should someone seek legal advice before quashing a warrant?

When attempting to recall a BW, it is important to consult an expert California warrants attorney.

Please keep in mind that if someone shows up in court to try to clear a warrant, the judge has the authority to take them into custody. As a result, a lawyer is necessary to guarantee that this does not occur. You can contact Law Office of Michael L. Fell at (949) 585-9055 now if you require a free legal consultation.