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Bench Warrant Defense

A Bench Warrant is a warrant issued by a judge ordering law enforcement to arrest a person and bring them before the court.  The process of voluntarily appearing in court and asking the judge to cancel or “quash” the warrant is called Warrant Recall or Recalling a Warrant.

A Bench Warrant is a serious matter because law enforcement can arrest anyone with a bench warrant at any time.  If that happens, the person is taken to jail and held there until they are brought before the judge that issued the warrant.  Sometimes, it is several days before the person is finally brought to court.

If you or someone you care about has an outstanding bench warrant, the criminal defense attorneys at the Weinrieb Law Firm can help to get the warrant recalled and work to keep you out of jail.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.

Types of Bench Warrants

A judge may issue a bench warrant for many reasons, but the most common reasons include:

  • Failure to Appear– A judge may issue a bench warrant against anyone who fails to appear at court on any scheduled court date.  It does not matter if it is the first court date or a later date, or if the failure to appear was due to an innocent mistake or intentional.
  • Failure to Abide by a Court Order– A judge may issue a bench warrant against anyone who fails to abide by a court order, such as failing to report to a probation officer, failing to complete a court ordered program (such as a domestic violence, drug or alcohol class) or failing to pay court ordered fines.
  • Arrest Warrants– A judge may issue a bench warrant against a person to initiate their arrest and appearance before the court to face newly filed criminal charges.  An example of how this may happen is when law enforcement investigates a case and sends the file to the prosecutor without ever arresting the defendant.  If the prosecutor chooses to file charges, the judge will then issue an arrest warrant against the defendant.

Warrant Recalls

When a bench warrant has been issued, it remains in effect until the person is taken into custody by law enforcement or they voluntarily appear in court to have it “recalled” or canceled.

Appearing voluntarily to recall a warrant is important.  If the warrant is not recalled, the person named in the warrant may be taken into custody by law enforcement at any time, often as a result of something minor like a traffic stop.  In addition, appearing voluntarily increases the chances that the judge will not order the defendant to jail for the violation that led the judge to issue the warrant in the first place.

It is critical to deal with a bench warrant as quickly as possible.  Avoiding the court typically makes the situation more problematic.  Often, the longer a defendant waits to appear to recall a warrant, the more likely it is that the judge will impose a harsher penalty.

Contact Us

If you or someone you care about is facing criminal investigation or criminal charges of any type, or if they are interested in seeking expungement of a past criminal conviction, please contact the criminal defense attorneys at the Weinrieb Law Firm. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form.