Bench Warrant in San Diego
Law Offices Of Thomas P. Matthews Helping You Understand Bench Warrants. Welcome to Thomas P. Matthews Law Office, an experienced San Diego bench warrant lawyer with over 26 years of experience.
Bench warrants are also known as “body attachments” which are very common warrants in California. These warrants are issued from “the bench” or the judge; it is not based on suspected criminal activity but for:
- Failure to appear in court hearing
- Failure to pay stipulated fine
- Failure to obey court order
Such “contempt of court” offenses could instigate:
- A probation issuance
- A county jail or state imprisonment
- More fines
- Drivers license suspension
Is it Possible to Recall a Bench/Arrest Warrant in California? There are occasions where a California bench warrant could be recalled and quashed’ to be eradicated from the judicial system.A California bench warrant is the written authority for California law enforcement officers to make an arrest and charge to the court.
A California bench warrant is similar to an arrest warrant which must be served in a stipulated time frame after issuance. Otherwise, a dismissal of the bench warrant is possible since the defendant’s right has been violated.
There are felony bench warrants as well as misdemeanor warrants; the latter must be executed between 6 am and 10 pm unless there is “good cause” for a late night issuance intrusion such as repeated failures to appear in court.Failure to appear in San Diego County court would activate bench arrest warrants even if bail has been posted. However, this applies only to defendants as witnesses and jurors are subject to a “failure to appear” notice first before a bench arrest warrant.
Failure to appear in court on a misdemeanor case set on a scheduled court date while on probation or O.R. release could instigate a bench arrest warrant. However, the prosecution must prove an intentional evasion of the court order by the defendant.
Penalties invoked on a bench arrest warrant charge could include:
- Maximum $1000 fine
- Maximum 6 months county jail
There is an additional charge of “failure to appear” felony if the defendant is an O.R. subject. This would invoke higher fines and imprisonment tenure.
Failure to pay the court fines willfully could also invoke the bench arrest warrant consequences upon conviction unless the defendant really lacks the financial ability to pay the fine when other court orders have complied.
Some of the court orders could be:
- Attending all court-ordered classes
- Complete all court-ordered community service
- Regular report for drug-testing
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