FTA Warrant – What Is It & How Can I Get It Fixed?

Posted on September 17, 2021

An FTA warrant is essentially a bench warrant for a person’s arrest that a judge issues because the person “failed to appear” (FTA) for a court matter. A defendant can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. Defendants typically must appear in court to recall an FTA warrant.

A failure to appear in court is a crime in California. Prosecutors typically file an FTA charge under either:

• Penal Code 1320 PC,
• Penal Code 1320.5 PC, and
• Vehicle Code 40508 VC.

Failing to appear in court can lead to either misdemeanor or felony charges.

Note that these are additional charges to the original charges that were filed against a defendant.

What is an FTA warrant?

A judge issues an FTA warrant when a person “fails to appear” for a court date. The warrant is basically a bench warrant (as opposed to an arrest warrant), issued pursuant to Penal Code 978.5, which authorizes police officers or law enforcement officers to arrest the person and bring him/her to court.

Once brought to court, the judge can either:

• release the party with a warning, or
• place the person in custody.

Failure to appear refers to a situation where a person is legally required to make a court appearance, but he/she willfully fails to do so.

A legal requirement to appear in court arises when a person either:

1. signs a written promise to appear,
2. is issued a subpoena to appear, or
3. while in court is verbally “ordered back” by the judge to reappear at a future court date.

Failure to appear results in a criminal case/criminal charge under California law. It is most often charged under either:

• Penal Code 1320 PC,
• Penal Code 1320.5 PC, and
• Vehicle Code 40508 VC.

How can a party fix an FTA warrant?

Most California courts will not recall or drop a bench warrant on their own. If a party is subject to a bench or FTA warrant, then he/she must work to get it cleared or recalled.

People can typically recall a warrant by appearing in court.

People can have their criminal defense attorney appear in court on their behalf, provided that:

• they failed to appear for a court appearance, or
• they failed to make a payment in connection with a misdemeanor offense.

If, though, a person failed to obey a court order that arose out of a felony case, the party must be present in court personally (with or without an attorney) in order to clear the warrant.

In trying to quash a bench warrant, people (or their attorneys) can try to do so by arguing that:

• they never received a notice to appear in court,
• they complied with all the conditions and requirements within a court order,
• they were unaware that a case had been filed, and/or,
• there was a mistake in identity.

What is a crime under Penal Code 1320 and 1320.5?

Penal Code 1320a PC is the California statute that makes it a crime for a person willfully to fail to adhere to a court order to appear in court.

While this statute applies to defendants that are released “on their own recognizance,” Penal Code 1320.5 is a similar code section that applies to a defendant’s failure to appear when:

• he/she has been charged or convicted of a felony, and
• he/she has been released on bail.

The penalties under these code sections depend on the type of crime the defendant was initially charged with or convicted of.

If charged with or convicted of a misdemeanor, then failure to appear is a misdemeanor.¹ The penalties include:

• up to six months in jail time, and/or
• a fine of up to $1,000.²

If charged with or convicted of a felony, then failure to appear is charged as a felony.³ The crime is punishable by:

• imprisonment in county jail for up to one year,
• a fine of up to $5,000, or
• a state prison sentence of up to three years.⁴

What is a crime under Vehicle Code 40508 VC?

Vehicle Code 40508a VC is the California statute that makes it a crime for a person to fail to appear in traffic court following a traffic stop or traffic violation.⁵

Note that a prosecutor does not have to show that the accused was guilty of the underlying traffic offense. A person violates this law just by breaking a promise to:

• appear in court,
• appear to pay bail,
• pay bail in installments,
• pay a fine within the time authorized, or
• comply with any condition of the court.⁶

A violation of this law is a misdemeanor. This is true even if the original traffic violation was only for an infraction.

The offense is punishable by:

• custody in county jail (as opposed to state prison) for up to six months, and/or
• a maximum fine of $1,000.⁷

A violation of the law can also lead to:

• a possible license suspension (per the DMV and the Department of Driver Services) for up to 30 days, and
• a hold on the defendant’s driver’s license, per VC 40509.5.

Given the harsh penalties for a failure to appear, defendants facing this charge must consult with a criminal defense lawyer or law firm for assistance. An attorney can help an accused develop a legal defense/disclaimer to contest the charges against him/her.

Note that most defense attorneys provide a free consultation. Further, the information a party provides to a lawyer is privileged by the attorney-client relationship. This means a lawyer cannot disclose this information to someone else without the party’s consent.

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