Recalling Bench Warrants

California criminal defense attorney Thomas Wallin specializes in California criminal law cases. If you need a criminal defense lawyer, call today at 1-866-857-5900.

In California, bench warrants are issued by “the bench” or the judge of the court for varying reasons. A judge will issue a bench warrant for failure to appear (FTA) in court if you don’t show up for a prescheduled court date. The bench warrant is then entered into the Department of Justice computer system. If you are stopped by a police officer, your California driver’s license number is checked and will reveal the warrant, and you will be arrested and brought before the Court. Typically you will be denied bail when you have failed to appear for a prior court date.

A Judge will also issue a bench warrant for failure to pay a fine. Again, if you are stopped by a police officer, he or she will locate the warrant in the system and you can be arrested and brought before a Judge.

Consequences of having a bench warrant issued:

If a bench warrant is issued for your arrest, your license can be suspended by the California Department of Motor Vehicles ("DMV"). In order to reinstate your license, you must clear the failure to appear (FTA) and pay a fee to get an abstract from the clerk of the court. An abstract is a document issued by the clerk of the court and submitted to the DMV to show proof that the FTA has been cleared. Your license will be suspended until the bench warrant is recalled, the FTA is cleared, and the abstract is issued by the DMV. The DMV may also charge a fee to reinstate your license.

If you attempt to appear in court without an attorney and try to explain the reasons why you failed to appear or failed to pay fines, you could be taken into custody. Mr. Wallin can often appear on your behalf, without you having to appear. Call California criminal defense attorney Thomas Wallin at 1-866-857-5900 if you need help clearing a warrant issued for your arrest.

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