Answer FileCriminal Defense
What should I do about a warrant for my arrest in California?
Address it — warrants do not expire. A bench warrant issued under Penal Code section 978.5 for a missed court appearance can be recalled by promptly appearing before the issuing court, and for many misdemeanors an attorney can appear without the defendant under Penal Code section 977 and ask the court to recall it.
California warrants come in two forms with different logic. An arrest warrant issues on probable cause that a crime was committed; a bench warrant under Penal Code section 978.5 issues when someone fails to appear, pay, or comply with a court order. Both stay active indefinitely and surface at the worst times — traffic stops, border crossings, background checks. Failing to appear can itself be a new crime under Penal Code section 1320, and the DMV can suspend a license over an unresolved traffic failure to appear. The path out runs through the issuing court, and going in prepared beats being brought in: for many misdemeanors, counsel can appear without the client under Penal Code section 977 to request recall; for felonies or serious matters, counsel can arrange a voluntary surrender at a scheduled calendar, which positions the bail and release argument far better than an unplanned arrest. Court and sheriff records confirm the warrant's county, case number, and bail amount before anyone walks in.
Authority: Cal. Penal Code § 978.5
Legal information, not legal advice.
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