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Last Modified on Dec 15, 2025
How to Handle a Bench Warrant in California: All You Need to Know
Facing immediate arrest can be a terrifying and overwhelming prospect for anyone. If you are facing a bench warrant, it can be confusing to understand what it means or what to do next. The Law Office of Daniel P. Flores is here to explain how to handle a bench warrant in California.
About Us
The Law Office of Daniel P. Flores has dedicated years to assisting the people of Los Angeles and throughout Southern California in their DUI and criminal charges. Daniel P. Flores has handled over 2000 cases in his career, using his legal experience in matters ranging from first-time DUI to accidents involving fatalities. He can fight to mitigate the effects an arrest may have on your life.
What Is a California Bench Warrant?
Bench warrants are a problem for many Californians facing criminal charges. In 2024, the arrest rate in California was 2,673.8 per 100,000 people. When an individual is released on probation during the pretrial period and fails to appear at a court hearing, a bench warrant may be issued.
Bench warrants are granted by a judge and allow a person to be immediately taken into custody with no probable cause required. The most frequent reason for their issue is a failure to appear in court for a scheduled hearing. Other sources relate to violations of court orders, such as failure to pay child support or other expenses, or breaking the terms of your parole.
Penalties For a Bench Warrant
The potential penalties for a bench warrant are based on the reason for its initiation. If it was issued for failure to pay a fine, you may be treated to civil assessment rather than criminal penalties. If it was issued due to failure to appear in court or violation of probation terms, then it can carry harsher punishments.
After being released under your own recognizance and willfully failing to appear in court for a misdemeanor, you may face up to six months in county jail and a $1,000 fine. For a felony, the charge is harsher with a maximum fine of $5,000 and up to a year in county jail. If released on bail for a felony, you may face one year in jail and a $10,000 fine.
What To Do if Facing a Bench Warrant in California?
What you do when a bench warrant is issued is crucial in finding the optimal resolution. The following are a few steps you should take when facing a bench warrant in California:
- Confirm the warrant’s existence: Before taking further action, confirm the warrant exists by calling the court or checking on an online database. Request details about when it was issued, the type given, and the case number to confirm it is relevant to you.
- Hire a bench warrant lawyer: Experienced legal counsel can assist you in finding the optimal resolution to the situation. A bench warrant attorney can guide you through this stressful situation, negotiate with the authorities, and provide advice on what steps to take next.
- Consider voluntary surrender: Voluntary surrender can be a sign of good faith and lighten potential penalties. If you choose this option, you can ask the courts where to go and how to surrender safely.
- Request the warrant’s dismissal: In some cases, you may request that the courts waive the warrant without an arrest taking place. You or your attorney can file a motion to quash the warrant by requesting a hearing where you can explain your reasoning for either failing to appear or violating a court order.
- Resolve related obligations: After voluntary surrender or the warrant’s dismissal, resolve the reasons behind the bench warrant. Resolutions could include completing court-mandated programs, paying outstanding fines, and addressing probation concerns.
- Take preventive actions: Ensure you do not need to worry about future bench warrants by keeping a close track of court dates and deadlines, responding to subpoenas, and finding payment plans for expenses.
FAQs About How to Handle a Bench Warrant in California
What Is a California Bench Warrant?
In California, the term bench warrant refers to a specific type of arresting power granted to law enforcement. Reasons range, with the most common cause being a failure to appear in court for a criminal charge. Other purposes can be as a disciplinary action to follow court orders, such as terms of probation, or if a person has avoided paying fines.
Are You Required to Hire a Bench Warrant Lawyer in California?
You are not legally required to hire a DUI warrants lawyer to quash a bench warrant, but hiring one can make a positive impact on your case. Experienced legal counsel can help you understand the risks you are facing, develop a strategy to diffuse the situation, and negotiate on your behalf with the authorities to find a resolution that works for you.
How Do You Get a Bench Warrant Quashed in California?
How you can get a bench warrant quashed in California depends on the reasons for its issuance and related court proceedings. One common defense that may get a warrant removed is that you either had no proper notice or had a justifiable reason for being absent from a court hearing. If your bench warrant was issued due to unpaid expenses, you can negotiate a repayment plan that includes a recall of the warrant.
How Long Are You in Jail for a Bench Warrant in California?
How long you are in jail for a bench warrant in California depends on the reason for its issuing. If it is designated for failure to pay child support or court expenses, you may be eligible to avoid jail altogether through repayment and negotiations. If you are facing serious misdemeanor or felony charges, you may be sentenced to months or a year in county jail.
Speak With a California Bench Warrant Attorney Today
The Law Office of Daniel P. Flores knows how daunting an automatic order for your arrest can be. We have the legal knowledge, experience, and skills to help you through this challenging period of your life. Daniel P. Flores can fight for you and determine a suitable defense for your case.
Contact us today for a free consultation, where we can talk about the details of your circumstances and discuss potential pathways forward in your case.
