Bench Warrants

When a judge issues a bench warrant, the police are instructed to take you into custody and bring you to court. The police may track you down to arrest you, or they may simply arrest you if they come into contact with you (e.g., during a routine traffic stop). If you have a warrant out for your arrest, you may not be arrested immediately, but you can be arrested at anytime.

California Penal Code §978.5 discussed when a judge can issue a bench warrant. Typically, a bench warrant is issued when a defendant violates court rules by failing to comply with a court order or failing to appear at a designated place and time (e.g., failing to show up to court).

In many cases, you will be served with a copy of the arrest warrant prior to be taken into custody, which allows you an opportunity to voluntarily appear in court. A criminal defense attorney may be able to appear on your behalf and have the warrant recalled without you ever having to come to court.

Dallis Cavallaro with Cavallaro Criminal Law, P.C. can advise you on how to proceed if you have a warrant out for your arrest. If you have missed a court date, contact us for a free consultation.

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