How do I recall and quash a California bench warrant?

Recalling and quashing a bench warrant means having it cleared from the judicial system. The bottom line is that you (or sometimes your attorney) must appear in court in order to complete the process. If you fail to appear for a court appearance, or fail to pay a fine in connection with a misdemeanor offense, in our experience we may be able to have the warrant recalled and quashed in your absence. If, however, you fail to obey a court order that arises out of a felony case, you must be present to clear your warrant.

What are the consequences of failing to appear (FTA)?

If you fail to appear (FTA) for any scheduled court date, the judge may issue a bench warrant for your arrest. This is always the case if the judge specifically orders you to appear personally, even if you grant your attorney the authority to represent you in your absence. Witnesses and jurors are subject to different rules than defendants: If you are a witness or juror and fail to appear in response to a subpoena or summons, the court will issue you a failure to appear notice before it issues a bench warrant for your arrest. However, if the court believes that you are material to the case or that urgency dictates your immediate presence, it may first issue a bench warrant in lieu of the FTA notice.

What are the consequences of failing to pay fines/restitution (FTP) or disobeying court orders?

The court will issue a bench warrant for your arrest if you willfully fail to pay court fines or restitution (FTP). However, the judge cannot penalize you for failing to pay restitution or a fine if you do not have the financial ability to pay, as long as you comply with all other court orders. The court may also issue a bench warrant if you fail to obey its orders. We typically see this following a criminal proceeding after defendants go on probation. When the court becomes aware of a probation violation (which, in essence, is a failure to obey a court's order), it may issue a bench warrant to address the situation.

I have a bench warrant in California. How do I get it recalled?

Q: How does bail work with bench warrants?

Some bench warrants are no bail bench warrants: This means once you are arrested, you must remain in custody at least until your next court appearance. Though most bail warrants have a bail amount attached to them. In some cases, the police can petition the judge to raise the bail amount. If you have posted bail on a warrant, and you subsequently fail to appear, the judge will most likely forfeit your bail and issue another bench warrant for your arrest.

Playlist: Bench Warrants

Watch this playlist on YouTube

California judges issue bench warrants when you fail to appear in court or disobey other court orders. Bench warrants (also called “body attachments“) authorize police officers to arrest you and bring you before the court to answer for your noncompliance.

Here are four key things to know:

You will get a bench warrant for missing your arraignment, pretrial conference, trial, sentencing hearing, or any other required hearing date.
Judges can also issue bench warrants when you are late on a court fine or violate the terms of your bail or probation.
Judges may agree to “quash” (recall) bench warrants if it is your first one and you are not a flight risk.
Bench warrants are different from arrest warrants and search warrants, as the following table shows.

	Bench Warrant	Arrest Warrant	Search Warrant
Purpose	To arrest you for defying court orders	To arrest you for committing a crime	To search a location to seize evidence of a crime
Party requesting the warrant	Judge or law enforcement	Law enforcement	Law enforcement
Basis for issuance	Your failure to comply with court orders	Probable cause that you committed a crime	Probable cause that there is evidence of a crime at a specified location
Timeframe of issuance	Anytime during an open case	Usually at the beginning of a criminal case	Usually at the beginning of a criminal case

Here at Shouse Law Group, we have represented literally thousands of people with bench warrants. In our experience, we can usually persuade judges to quash bench warrants – in many cases without our clients needing to appear in court at all.

Below our California criminal defense lawyers answer the following frequently-asked-questions:

Graphic that shows triggers for bench warrants, such as failing to appear in court

1. How do I quash a California bench warrant?

The first step is to file a written motion with the court asking them to quash your bench warrant. The court will then schedule a hearing where we would argue why the judge should quash your warrant.

If your underlying criminal charge is for a misdemeanor, we can usually persuade the judge to recall your bench warrant without you having to be present at the hearing.

If your underlying criminal charge is for a felony, you usually must be present in court for the judge to consider quashing your bench warrant.¹

2. What if I “fail to appear” (FTA)?

Failing to appear in your California criminal case not only triggers a bench warrant for your arrest. You may be charged with an additional offense.

If you are charged with a misdemeanor, willfully failing to appear in court is a misdemeanor crime. Penalties include up to six months in jail and/or $1,000.²

Meanwhile, willfully failing to appear in court on your felony case is a felony crime. Penalties include fines and/or county jail time.

If you were out on O.R. for the felony charge, the fine is up to $5,000. If you were out on bail, the fine is up to $10,000. Meanwhile, the maximum jail sentence is:

1 year or
16 months, 2 years, or 3 years.³

In misdemeanor and felony cases in California, FTA can cause the judge to forfeit your bail (meaning you would not get it back when the case ends).⁴

Defendant handing cash to a court clerk to pay a criminal fine.

If you cannot afford a criminal fine, ask the court for an extension before the deadline passes.

3. What if I “fail to pay” (FTP)?

If you willfully “fail to pay” court fines or restitution (FTP) in a California criminal case, the court can issue a bench warrant for your arrest. Though many judges will offer you an extended deadline or a payment plan so you can avoid custody.

Also, as long as you comply with all other court orders, the judge cannot penalize you for FTP if you do not have the financial ability to pay.⁵

4. How does bail work with bench warrants?

Some bench warrants in California are “no bail” bench warrants: This means once police arrest you, you must remain in custody at least until your next court appearance.

Though most bail warrants have a bail amount attached to them, so you can get released as long as you post the bail amount. In some criminal cases, the police can petition the judge to raise the bail amount.⁶

If you have posted bail on a warrant, and you subsequently fail to appear, the judge will most likely forfeit your bail and issue another bench warrant for your arrest.⁷

5. What happens if I have a bench warrant and go directly to court?

Unless you are prepared to go straight from the court into custody, it is advisable to take us with you. As experienced California criminal defense attorneys, we know the most effective arguments, evidence, and steps to take to convince the judge:

to recall and quash your warrant and
to release you on O.R. or with a reduced bail so you avoid going to jail.

judge in black robe at his desk with a gavel and law book signing a bench warrant

A bench warrant remains in effect until a judge quashes (recalls) it.

Additional Resources

For more information, refer to our related articles:

Legal References:

California Penal Code 945 PC, 978 PC, 979 PC–984 PC. See California Rules of the Court. See, for example, People v. Ramirez (2022) 14 Cal. 5th 176; In re. Harris (2024) 16 Cal. 5th 292.
1320 PC. 853.7 PC.
1320.5 PC. See also 166 PC re. contempt.
1305 PC.
Same.
1269(c) PC & 986 PC.
Authority for forfeiting bail and issuing a bench warrant for a failure to appear is in the following sections, depending on the specific court proceeding from which the defendant was absent: 978.5 PC, 979 PC, 1195 PC–1199 PC.

Shouse Law Group has wonderful customer service. They were so pleasant and knowledgeable when I contacted them. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Definitely recommend!

Dee M.

I cannot express enough gratitude for the outstanding legal support I received from Karthik Krishnan. From the very first consultation, it was clear that he is a top-tier, highly skilled professional who genuinely cares about his clients. His unparalleled honesty, transparency, and unwavering dedication made all the difference in my case.

Mu K.

John Murray won my DMV hearing over a DUI charge I had pending and just recently won motion for military diversion against my charge. I highly recommend John, he is highly professional,motivated and competent. I walked into the courthouse with peace of mind only because I knew I had John in my corner. Thanks for all the help.

Christian R.