Bench Warrants in California
The unbelievable thing about bench warrants in Los Angeles is how easy they are to get rid of with the right approach. First, just by showing up with your attorney, the bench warrant will be automatically quashed and gone. Then, what is left to deal with is the ramifications of the bench warrant being issued in the first place.
When I meet with clients, one of the first things we discuss is why there is a bench warrant in the first place and what we can do to make things right. In other words, the court will be looking to do the fair and just something related to why the bench warrant was issued in the first place and where you stand as a person in society today.
If you are doing great, have a good job and a family, and are leading a law-abiding life, then you are well on your way to being given a break and an opportunity to move past your bench warrant. So, one of the big things to address in a bench warrant situation is why the warrant was issued and what we can do to make it right.
Therefore, we need to devise a plan for exactly what we will agree to in order to make things right. Our Los Angeles Bench Warrant Lawyers have been doing this over the years.
In my experience, the judges in Los Angeles County will consider a reasonable plan if it is sensible. However, if you received a 90-day jail sentence and ran away for four years, it is unreasonable to think that the judge will get rid of the 90 days because you have been a fugitive for four years.
On the other hand, there is a chance that if you make a strong case for rehabilitation, the judge will not add time to the 90 days (which is something judges do all the time as extra punishment for being gone so long).
Being able to show no new arrests, having a good job, and having a family would undoubtedly be strong factors in your favor in avoiding a more severe sentence than you originally received.
Reasons Bench Warrants are Issued
There are several different reasons that judges issue bench warrants. Our experienced Bench Warrant Lawyers are knowledgeable about this difference. There is also a difference between an arrest and a bench warrant. Judges issue bench warrants, and the police typically place an arrest warrant in the system.
One reason a bench warrant would be issued is that a defendant violated a term or condition of his or her probation.
There are internal and external probation violations that can trigger a bench warrant for your arrest to be issued. An internal probation violation relates to violating one of the probation terms at your sentencing.
For example, if the judge told you that you could not drink during the probationary period and the police found you driving your car drunk, that would be an internal probation violation and would trigger a bench warrant to be issued for your arrest once the court found out about it.
An external probation violation relates to violating a law while on probation. For example, in the scenario above, if the police catch you drunk driving and a new case is filed against you, then this would be an external probation violation because you violated the condition of every probationary sentence, which is to obey all laws.
Other examples of when a bench warrant will be issued center around missing a court date that the authorities can prove you knew about or if a new criminal case is filed against you and the police can not find you to arrest you. Then, they can go to the prosecutors or the court and have them issue a warrant for your arrest. It is never a good idea to just ignore a bench warrant.
The more extended time passes, the more likely the judge will punish you harshly when they get their hands on you. If you go in with an attorney and a plan of how you will make things right, you have the best chance to receive a lenient sentence. Make the call now, and we will begin putting your bench warrant behind you!
Los Angeles Bench Warrant Attorney
Is there a bench warrant that has been issued for your immediate arrest? If so, you must retain a criminal defense attorney who can adequately defend your rights as soon as possible. You can call our office to talk with our Bench Warrant Attorney in Los Angeles, CA.
We have handled many bench warrant cases over the years with satisfactory results at the Hedding Law Firm. In California, a bench warrant is a court order from a judge asking for your immediate arrest for failure to follow court-ordered rules. It may be issued for a variety of reasons, some of which may include the failure to perform any of the following as ordered by the court:
- Failure to pay a fine
- Failure to pay restitution
- Failure to pay child support
- Failure to allow visitation
- Failure to appear for a court-ordered hearing
- Failure to appear for a subpoena
- Failure to appear after an indictment
- Failure to appear to show progress or completion of community service
- Failure to attend a DUI Class
- Failure to appear for a citation given by a police officer
- Failure to appear after being released from custody and promising to appear
- Failure to appear for sentencing or conviction after trial or plea
Both state and federal courts can issue a bench warrant for your immediate arrest by law enforcement, no questions asked. Once arrested, you must attend a hearing to determine what penalties you should receive.
In California, a bench warrant can result in time behind bars, fines, driver's license suspension, community service, and probation. To protect your rights, you must immediately hire a qualified Los Angeles criminal defense lawyer. An experienced attorney can negotiate for you to cancel the bench warrant so that you can be given a second chance.
As your Los Angeles Warrant Attorney, we may be able to quash and recall the warrant without your presence unless the warrant arose out of a felony, in which case your presence is required. Either way, our Bench Warrant Attorneys will do everything we can to get your warrant cleared.
We have been practicing law in California for a combined total of 75 years. We are well-established within the legal community and have earned the respect of numerous colleagues. You should call our firm immediately if a bench warrant is issued for your arrest. We will meet with you and protect your rights and, in most cases, be able to maintain your freedom.
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