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Some warrants cannot simply be “cleared.” If you’re a suspect in a felony case, for example, and police have a warrant out for your arrest, then chances are that warrant is not going away until you are apprehended, and the charges are dealt with. 

Nevertheless, there are exceptions. Warrants may be withdrawn if prosecutors and police officers determine that they do not have sufficient evidence that a crime has been committed. Your attorney can sometimes make the argument to the prosecution that your arrest warrant should be withdrawn, sometimes even before an arrest happens, as long as they are involved quickly enough.  

If you have a bench warrant, you might have some options. 

What is a bench warrant and how do you clear it?

A bench warrant is a warrant issued by a judge for failure to make a court appearance, to pay a fine, or to obey a court order. It still authorizes the cops to make an arrest, but the issue is not necessarily as serious because you aren’t suspected of criminal activity. 

Your first step will be to contact a California criminal attorney, as clearing the warrant will generally either require you to go to court, which shouldn’t be done without an attorney, or for your attorney to appear in court on your behalf. You may then petition a judge to recall or quash the warrant. 

How long does a bench warrant last?

A bench warrant doesn’t expire. It is there until you die, get arrested, or clear it with the help of a criminal attorney. 

Not sure whether you have a warrant? You can use this website to search your name for free.

What must the attorney show when asking the bench warrant to be recalled?

The attorney must show that you had a good reason for failure to appear, pay, or comply, or that you did in fact appear, pay, or comply. 

This could mean showing you never received a notice of your obligation, showing that you had unavoidable circumstances such as being unconscious in the hospital, or showing that the court has a case of mistaken identity, and the warrant should actually apply to someone else. 

What happens if you are arrested on a bench warrant?

If you are arrested on a bench warrant before your attorney is able to clear it then the judge has the option to either send you to jail or release you with a warning. It will depend on why the bench warrant was issued, why you did not meet court obligations, what your criminal history looks like, and whether you are considered to be a flight risk. 

Note that failure to appear is a crime, as is contempt of court. You can face criminal charges if you do not meet court ordered obligations. This is why you should take a bench warrant as seriously as you’d take any criminal charge.

Get Help Today

If you or a loved one are facing a warrant of any kind, reach out to our office to schedule a free case review today. We may be able to help. 

See also:

How to Help a Loved One Who Has Been Accused of a Crime in Los Angeles 

What to Do If You Get Arrested in Los Angeles, CA 

What is a Cite and Release in Los Angeles?