Penal Code 978.5 PC – Bench Warrant of Arrest in California

Penal Code 978.5 PC is the California statute that authorizes a judge to issue a bench warrant for your arrest whenever you fail to appear in court.

The full text of the statute is as follows:

978.5. (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:

(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.

(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.

(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.

(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.

(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.

(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.

(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.

(c) This section shall become operative on July 1, 2021.

Additional examples of when a bench warrant may be issued include:

• Manuel is released from jail on his own recognizance and fails to appear in court the following week for his sentencing hearing.
• Jill is released from custody on bail after being charged with shoplifting, per PC 459.5, and does not appear in court for her California jury trial.
• Morgan is cited for speeding, under VC 22350, and fails to appear for his court hearing to contest the ticket.

Please note that, per PC 978.5b, a bench warrant can be served in any county in the same manner as a California arrest warrant.

Also note that a bench warrant issued in California does not expire. To make it go away, you must appear in court in order to recall it or quash it.

If you do not clear a bench warrant, law enforcement personnel have the authority to arrest you and bring you to court. Once you are brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

Below our California criminal defense attorneys explain everything you need to know about bench warrants. Click on a topic below to jump to that section.

• 1. Definition
• 2. Time span
• 3. Clearing
• 4. Arrests
• 5. Failure to appear
• 6. O.R. release
• Additional resources

1. Definition

Penal Code 978.5 PC is the California statute that authorizes a judge to issue a bench warrant for your arrest whenever you fail to appear in court.¹

The statute also lists certain scenarios when a bench warrant may be issued. Some of these include when you fail to appear after you:

1. are ordered by a judge or magistrate to personally appear in court at a specific time and place,
2. are released from custody on bail and are ordered by a judge or magistrate to personally appear in court at a specific time and place.
3. are released from custody on your own recognizance and promise to personally appear in court at a specific time and place.
4. are released from custody or arrest upon citation by a peace officer or other person authorized to issue citations, and you signed a promise to personally appear in court at a specific time and place.
5. are authorized to appear by counsel, and the court or magistrate orders that you personally appear in court at a specific time and place.²

Please also note that, per PC 978.5b, a bench warrant can be served in any county in the same manner as an arrest warrant.³

2. Time span

A bench warrant issued in California does not expire. It is not deleted or removed after, say, five years. Rather, it remains in effect until:

1. you die, or
2. the warrant gets cleared (which is to say a judge recalls it).

3. Clearing

Clearing a bench warrant is also referred to as “recalling” or “quashing” one. Quashing a bench warrant means having it cleared from California’s judicial system.

You must appear in court in order to recall a warrant.

You can have your attorney appear in court on your behalf, provided that:

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

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

In trying to quash a warrant, you (or your attorney) can try to do so by arguing that:

1. you never received a notice to appear in court,
2. you complied with all the conditions and requirements within a court order,
3. you were unaware that a case had been filed, and/or,
4. there has been a mistake in identity.

4. Arrests

If you do not clear a bench warrant, law enforcement personnel have the authority to arrest you and bring you to court.

Once you are brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

The judge will make this decision after considering your:

• criminal history,
• flight risk, and
• circumstances that led to the warrant.

Please also note that if a warrant does not get recalled, it could lead to:

• a probation violation,
• enhanced fines, and/or
• a California driver’s license suspension.

5. Failure to appear

Penal Codes 1320 and 1320.5 PC are the California statutes that sets forth the crimes of “failure to appear.”

Under these statutes, you can be charged with a failure to appear offense if you were:

1. charged with or convicted of a California crime,
2. released from custody, and
3. willfully failed to appear in court when required to do so, in order to evade the process of the court.⁴

California Penal Code 1320 sets out the crime of failing to appear if you are released on your own recognizance. Penal Code 1320.5 describes failure to appear if you are released on bail.

6. O.R. release

An “own recognizance” release lets you get out of jail after an arrest without having to post bail. Also known as an “O.R. release,” it lets you go based solely on your promise to appear in court.

If you are charged with a California criminal offense, you can, in theory, be granted an O.R. release. This is unless:

• the charged offense is one punishable by death,
• letting you out will compromise public safety, or
• there are no reasonable assurances that you will appear in court.⁵

Additional resources

For more information, refer to the following:

• National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
• SearchQuarry.com – Public record provider with warrant searches by name, city or county.
• Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
• PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
• CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.

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