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Bench Warrant for Failing to Appear in Court

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bench warrant

What is a bench warrant?

A bench warrant is a warrant to arrest a defendant for failing to appear in court when ordered. It instructs law enforcement to apprehend the defendant and bring them before the court.

Issuing the warrant

A judge or magistrate issues the warrant at the court hearing. The judge can issue a bench warrant for multiple reasons:

  • The judge previously ordered the defendant to appear in court at a specific time and place;
  • The defendant bailed out of jail and was ordered to appear in court at a specific time and place;
  • The defendant received OR release and promised to appear in court at a specific time and place;
  • The defendant received a citation and signed a promise to appear in court at a specific time and place;
  • The judge ordered the defendant to appear in court even though the defendant has a lawyer;
  • An information or indictment was filed in the superior court and the court fixed the date and place for the defendant to appear.

First court date

Most bench warrants result from the defendant’s failure to appear at their first court date. The first court date is also called the “arraignment.”

The defendant must appear in person at their first court date if:

  • One or more of the charges is a felony;
  • One or more of the charges involves domestic violence;
  • One or more of the charges involves driving under the influence AND the judge orders the defendant to appear.

In all other cases, an attorney can appear on behalf of the defendant if the court allows. (see Penal Code § 977.)

Some courts allow a defendant to appear remotely at their court appearance. To find out if you can appear remotely, contact the criminal clerk at the court.

What are the consequences of a bench warrant?

A bench warrant directs law enforcement to bring the defendant to court. Law enforcement can serve the warrant in any county in California. The bench warrant operates identical to an arrest warrant.

Do I have a bench warrant?

You can contact the criminal clerk at the court to find out. The clerk can look up your case using your name and date of birth.

How do I get rid of a bench warrant?

Either the defendant or their attorney must appear in court. At that time, the judge will recall the warrant.