How to clear a bench warrant without going to jail in California?
Asked by: Crystel Kub | Last update: August 21, 2025Score: 4.3/5 (69 votes)
Clearing a bench warrant without going to jail is possible with the help of a skilled criminal defense attorney. By taking proactive steps, such as contacting the court, requesting a new court date, appearing in court, and fulfilling any requirements, you can resolve the warrant and avoid being arrested.
How do I clear a bench warrant in California?
You can often clear or “quash” a bench warrant by appearing in court or having their lawyer appear on your behalf. To quash a bench warrant means the court will remove it from California's judicial system. They are typically issued for the following reasons: Failure to appear (FTA).
How long do you stay in jail for a bench warrant in California?
How long do you stay in jail for bench warrant? The duration of jail time for a bench warrant varies based on factors such as the nature of the underlying offense and local laws. You may be held until a hearing or until bail is posted, potentially lasting from a few hours to several days.
Can you get a job with a bench warrant?
If you have a bench warrant, then it very well could stop you from getting a job. If you are looking at a position that requires a security clearance, then you need to get the bench warrant taken care of quickly. Unless the job involves making license plates in prison.
Will a warrant show up on a background check for a gun?
The short answer is yes, warrants will typically show up on a background check report, but it can depend on how thoroughly someone is checking. All warrants are traceable in some way, so it's best to assume that they'll be found. If there's a warrant out on you, be forthright with those running your background check.
How To Clear A Bench Warrant Without Going To Jail? - CountyOffice.org
How long do you stay in jail for a warrant for missing court?
If you were a defendant in an ongoing criminal case and were arrested on a bench warrant for failing to appear, you could potentially be held in custody until the completion of your trial. Depending on the complexity of the case and the court's docket, this period can span several months or longer.
What happens when you turn yourself in for a felony warrant?
The judge will see that you are cooperating, which opens the door to quashing the warrant and granting you bail so you can avoid jail. Your criminal defense lawyer will bring up the fact that you turned yourself in as part of a defense strategy.
Do California warrants expire?
In California, arrest warrants don't expire. This means that they can appear on a person's background check. Something to keep in mind is that, according to California law, the offenses that led to the arrest warrant are subject to the criminal statute of limitations.
How long can you be held in jail awaiting trial?
The length varies, but pre-trial detention can last from a few days to several months, depending on the case and court schedule.
Can you pay to get out of a warrant?
No, You Cannot Simply Pay Off a Warrant.
Perhaps you think you can just pay a fine, post a bond, or settle it over the phone. Unfortunately, it doesn't work that way. Warrants are ordered by judges specifically because you failed to comply properly with the court process.
Can you just pay a warrant in California?
If you have failed to appear on a traffic/minor offense case and a warrant has been issued, you may be able to pay the total bail or an appearance in court may be necessary. Warrants cannot be settled over the phone or online.
Can you apply for food stamps if you have a warrant?
A warrant is a court order allowing the police to arrest a person. If you have outstanding warrants, you can be arrested at any time. Warrants can prevent you from getting a driver's license, or from getting certain government benefits such as food stamps or health care.
Can a lawyer clear a warrant in California?
In the State of California, defense lawyers play an invaluable role in helping you clear and remove criminal warrants. For example, attorneys can research to find whether you are even subject to a warrant. If an outstanding warrant is in existence, a lawyer can identify which type of warrant it is.
How do bench warrants work in California?
In California, a bench warrant is a legal document issued by a judge instructing law enforcement to arrest a subject immediately. It is typically served when the subject fails to comply with a court order. Once arrested, the subject must face the original charges plus any charges resulting from the bench warrant.
What is the statute of limitations on a bench warrant in California?
In California, a bench warrant lasts until you resolve it. In other words, bench warrants do not expire. This means that you must clear the warrant in order to have it removed, so you cannot sit around and wait for the bench warrant to expire.
Does California DMV check for warrants?
Here's how it works in California: DMV Access to Information: Database Connections:The California DMV has access to various law enforcement databases,including those that contain warrant information. When you apply for a state ID,they typically run a background check that includes checking for outstanding warrants.
Can you get in trouble if you know someone has a warrant?
Basically, the short answer to this question is YES, if you let the person live in your home and you know that he has a warrant out for his arrest. If you are facing an accessory charge it is imperative to consult a criminal defense attorney.
How can I avoid jail with a warrant?
In some cases, you can clear the warrant by paying a bond or fine and scheduling a new court date. In other situations, you may need to appear before the judge to explain why you missed your original court date and request that they lift the warrant.
How do I check if I have a warrant in California?
To find out if you have an active warrant in California, you can either: Search your name on the appropriate County Sheriff's website or Superior Court website. For example, in Orange County, you can search the Orange County Sheriff's Department website. Run a search on the private CaliforniaArrests.org website.
What should I do before I turn myself in?
The first thing to do when you find out that you have a warrant is to contact a criminal defense lawyer. A lawyer will advise you of your options and can contact the authorities to arrange for you to turn yourself in. An attorney can help in the following ways: Explain the charges on the warrant.
How do I clear a failure to appear in California?
- Be Proactive and Show up to Court. ...
- Get a Copy of the Original Ticket. ...
- Attend the Hearing and Plead Not Guilty. ...
- OR Ask for Leniency. ...
- Attend the Court for Your Original Charge and Pay the Required Fines.
How do you turn yourself in for missing court?
Contacting the Court: You may contact the court that issued the warrant to schedule a hearing. The court might give you a new court date or require you to turn yourself in at the local police station. Going to a Police Station: You can also turn yourself in by going to your local police department or sheriff's office.
How long do you go to jail for failure to appear in California?
As a misdemeanor, a FTA charge can add six months in county jail and $1,000 in fines to the penalties you are already facing. As a felony, it is punishable by up to three additional years in prison and fines of up to $10,000.