As a criminal defense lawyer, I’m often asked about bench warrants. Primarily, clients want to know the best ways to get rid of a bench warrant. Below I outline the top 5 ways to get rid of a bench warrant, but before we dive into that, it’s important to understand why a bench warrant is issued in the first place. Understanding WHY the bench warrant was issued will help determine the best way to get rid of it.
1. Why Bench Warrants Are Issued
While there are many reasons that a Judge could issue a bench warrant in Southern California, the vast majority of bench warrants in Southern California are issued for one of three reasons:
- Failure to appear
- Violation of probation
- Filing of a felony charges
1A. Failure to Appear Bench Warrant
If you were given a ticket, released on bail or cite released, or you received a letter from the Orange County District Attorney informing you of pending charges, you must appear in court! If you don’t show up, when your case is called by the Judge, a warrant will be issued for you arrest. Bail for warrants is generally based on the Orange County Bail Schedule, but Judge’s do have the authority to deviate from the bail schedule for good cause
1B. Violation of Probation Bench Warrant
These warrants are issued when you fail to complete something that you were ordered to do as part of your probationary sentence. The three most common examples of this are
- Failure to complete court ordered DUI classes
- Failure to pay court ordered fines
- Picking up a new case while on probation
The basic idea of a probationary sentence is that a jail or prison term is “hanging over your head” pending successful completion of the probation terms. If you do everything you were ordered to do, you are good to go. But if you fail to complete something on the list or pick up a new case, the Judge can revoke your probation and issue a Fullerton bench warrant for your arrest.
1C. Felony Charges Filed Bench Warrant
When the Orange County District Attorney files a misdemeanor complaint, they will usually give the defendant the courtesy of letting them know that charges have been filed and give them the opportunity to come to court voluntarily to face the case. With a felony case, this courtesy is not always extended.
If the District believes you have committed a felony and charges are filed, they will usually ask the Judge to issue a warrant for your arrest at the time of filing. The Fullerton bench warrant is then placed into the system for the authorities to locate you and bring you to court in custody to face the charges filed.
2. Top 5 Ways to Get Rid of a Bench Warrant
There are five ways to deal with a Fullerton Bench Warrant
- Surrender on the warrant and go into custody
- Post cash bail on the warrant
- Post a bail bond
- Appear in court on the warrant
- Hire an attorney
Surrender On the Warrant and Go Into Custody
If you surrender on the warrant or appear on the warrant in court without a lawyer you run a significant risk of serving time in jail. This being said, it’s still a better choice than ignoring the warrant. If you ignore the warrant it will never go away on it’s own and sooner or later you will end up in custody. Judges are usually more lenient on defendant’s who surrender or appear in court voluntarily than defendants who are arrested on outstanding warrants and brought before the Judge in custody.
Post Cash Bail On the Warrant
Posting cash bail is an excellent short term solution as the warrant will be recalled and you will be given a court date to appear before the Judge. The down side is that bail can be very expensive and the results are temporary. Posting bail does not make your case go away and your bondsman is not going to represent you in court to fight your case or help you get a good plea bargain. Bail is temporary freedom.
Post a Bail Bond
Most people don’t have large amounts of cash readily available to post cash bail on a bench warrant, so they seek out the help of a bondsman. A bondsman
Hiring a lawyer to deal with a Fullerton Bench warrant is your best choice. And I don’t say this to convince you to hire me. Hire any lawyer you like. As long as the lawyer is experienced in criminal law, you will get more for your money by hiring a lawyer than posting bail.
In many situations a lawyer can clear your Fullerton bench warrant quickly and in some cases this can be accomplished without you even having to appear in court. In most cases the same fee or even a lower fee than that which you would have spent to post bail can be used to hire a lawyer. Even in serious cases where posting of bail can’t be avoided, a good lawyer can reduce the current bail setting to save you money before you post the bond.
More importantly, a lawyer can do more than simply clear the Fullerton bench warrant. Once the warrant is cleared your lawyer can help you resolve the case for a favorable plea bargain or litigate your case and give you legal advice throughout the process. If your case is a misdemeanor your lawyer can appear in court on your behalf. If the case is a felony the lawyer will appear in court with you at each court appearance so that you do not have to face the legal system alone.
