Bench Warrants

A bench warrant or “body attachment” is an arrest warrant which is issued by the court most typically for failure to pay a fine or for failure to appear in court. If the bench warrant arises out of a misdemeanor case, a skilled defense attorney may be able to clear or “recall and quash” your bench warrant in your absence.

If your failure to appear occurs post-conviction it is possible for the court to treat it as a probation violation. If your failure to appear occurs prior to a conviction, in addition to the bench warrant, it may result in an increase in bail or a new charge for a violation of Penal Code section 1320 which could potentially result in a $1000 fine or a 6-month jail sentence.

In many cases a defendant has known for some time that a bench warrant for his arrest exists, but is concerned that returning to court to address it may result in his arrest. This concern is well placed, and all the more reason why someone with an outstanding bench warrant should contact a criminal defense attorney who may be able to address the bench warrant outside of a defendant’s presence and potentially secure an outcome that does not result in a probation violation, a new charge for a violation of section 1320, or jail time.

The information contained on this website represents opinion only and is not intended to, nor should be relied on as legal advice of any kind. Should you wish to consult with an attorney, contact an attorney at the Law Office of Jesse Terrell at (323) 638-4712.
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