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 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: 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.

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

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California judges issue bench warrants when you fail to (a) appear in court, (b) comply with a court order, or (c) meet other legal obligations. Bench warrants (also called “body attachments“) authorize police officers to arrest you and bring you before the court to address your noncompliance.¹

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 court date.
Judges also issue bench warrants when you are late on a court fine or violate the terms of your bail or probation.
Judges usually 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:

	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 the judge to quash bench warrants – in many cases without our clients needing to appear in court at all.

Below our California criminal defense lawyers discuss:

If, after reading this article, you would like more information, we invite you to contact us.

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

1. How do I quash a California bench warrant?

The first step is to file a motion with the court asking them to quash your bench 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 in court.

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

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

Misdemeanor cases

If you willfully fail to appear on a scheduled court date for a misdemeanor case after you were released on your own recognizance (otherwise known as an “O.R.” release), the prosecution will additionally charge you with “failure to appear” as a misdemeanor.

Before you can be convicted of this offense, the prosecutor must prove that you intended to evade the process of the court. Evidence of your intent may be established if you failed to appear within 14 days of your appearance date. Under California Penal Code 1320, if convicted, you face

a maximum $1,000 fine and
a maximum six-month county jail sentence.²

Felony cases

If you are released on O.R. in a felony case (and the same facts apply), you will be additionally charged with felony “failure to appear”. Under California Penal Code 1320, if convicted, you face

a minimum $5,000 fine and
a county jail or state prison sentence.³

It should be noted that if your FTA involves a felony case where you posted bail, the maximum fine increases from $5,000 to $10,000.⁴

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

3. What are the consequences of failing to pay fines/restitution (FTP)?

If you willfully fail to pay court fines or restitution (FTP), the court will issue a bench warrant for your arrest.

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.⁵

4. How does bail work with bench warrants?

Some bench warrants 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. 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 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 O.R. or with a reduced bail in lieu of you going into custody.

Additional Resources

For more information, refer to our related articles:

Legal References:

California Penal Code 945, 979-984. See California Rules of the Court.
PC 1320.
Same.
PC 1320.5.
Same.
PC 1269(c), 986.
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: PC 978.5, 979, 1195-1199.

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