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:
- 1. How do I quash a California bench warrant?
- 2. What if I “fail to appear” (FTA)?
- 3. What if I “fail to pay” (FTP)?
- 4. How does bail work with bench warrants?
- 5. What happens if I have a bench warrant and go directly to court?
- Additional Resources
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
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.
A bench warrant remains in effect until a judge quashes (recalls) it.
Additional Resources
For more information, refer to our related articles:
- How to clear a bench warrant without going to jail?
- How do I get a bench warrant recalled in California?
- How long do you stay in jail for a bench warrant?
- Bench warrant hearing – 5 key things to know
- How long does a bench warrant last – or does it expire?
- Can I be arrested in California if I have a misdemeanor bench warrant from out of state?
- California warrant search – how to find out if you have one
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)
- 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.