Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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If you fail to appear in court for a scheduled court date (sometimes referred to as FTA), the judge in the case can issue a bench warrant for your arrest. The warrant authorizes law enforcement officers to arrest you and bring you directly to court. Bench warrants in these cases are sometimes referred to as FTA warrants.
You generally have a legal requirement to appear in court upon:
A failure to appear in court can lead to criminal charges. Depending on the facts of the case, this can include the possibility of both
However, you can often attend a bench warrant hearing and show that your failure to appear was justifiable or excusable. If you succeed in this showing, the judge will
Please keep in mind that a bench warrant is a different type of warrant than an arrest warrant. A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.
A judge issues an FTA warrant when you “fails to appear” for a court date (for example, an arraignment in a criminal case). The warrant is basically a bench warrant that authorizes police officers to arrest you and bring you to court.
Once brought to court, the judge can either:
Note that a failure to appear refers to a situation where you willfully fail to attend a lawful court proceeding.
You usually have a legal requirement to make a court appearance when you:
Most state laws say that the failure to appear is a misdemeanor offense that can lead to criminal charges.1
Most often, yes. If you are subject to a bench warrant, you can attend a bench warrant hearing to try and recall or quash the warrant.
Most state courts will not recall or drop an outstanding warrant on their own. Further, bench warrants do not expire after a certain amount of time. They usually remain in effect until the person subject to the warrant dies.
This means that you typically have to attend a bench warrant hearing in order to recall it.
The court hearing is held before a judge and your goal is to show that your failure to appear for the prior court date was
You can try to make this showing by proving that you:
The specific penalties that you could face for not making a court appearance will vary depending on:
With that said, however, if you miss a court date, a judge can hold you in contempt of court and impose the following penalties:
Note that a state’s DMV can even suspend your driver’s license for failing to appear.2
Yes. A criminal defense lawyer can help you:
If you are charged with a crime, a defense attorney will work to keep you out of county jail and minimize any other penalties.
Please keep in mind that most lawyers and law firms provide free consultations, meaning you can receive legal advice at no charge.
Further, the communications with a defense attorney are protected by the attorney-client relationship. Under this relationship, a lawyer cannot disclose your confidences without first getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.