If you miss your court date, the judge will issue a “bench warrant” – this is a special kind of arrest warrant that commands law enforcement to find you and bring you to court. Bench warrants do not go away on their own, and in Los Angeles and Ventura, judges do not issue “amnesty” – in other words, a blanket forgiveness of all old bench warrants. If you had a case you never handled, even from years ago, there is likely still a bench warrant active for your arrest.
Depending on your situation, the judge may issue a “no bail” bench warrant – this classification means you will not be allowed to pay a bond to get out of jail while your case is pending.
With an active bench warrant, you cannot renew your driver’s license, you will fail background checks, and you will always be concerned about being arrested. It doesn’t matter what type of case you have – whether misdemeanor or felony, the bench warrant is the same.
How Can Farris Law Firm Help?
Farris Law Firm are experts in handling bench warrant cases – old or new. We have dealt with everything from a 20+ year old DUI bench warrant to a 1-day old bench warrant issued because a client slept in and missed their court date.
When you are “walking in” a warrant to court, it is advantageous to have an attorney that is known by the judges and prosecutors. A professional and civil working history can help clients avoid bad outcomes – on a warrant, the judge has complete discretion on whether to put a client in jail pending trial, grant bail, or grant release without requiring bail (also known as “O.R.”, or own recognizance, release). You will need an attorney that can make a game plan for you to avoid jail and other collateral consequences and has contacts with bail agents, electronic monitoring companies, treatment facilities, and other partners to present jail alternatives to the judge and prosecutor.
For especially old cases, we can file a “Serna” motion to ask the court to dismiss the case – you have the right to a speedy trial, and if the prosecution unfairly delayed your case or never informed you there was a case against you, we may be able to have the case dismissed with this special motion.
Finally, you always have the option of going to trial. Farris Law Firm will fight your case out in open court, in front of a jury, and hold the prosecutor to their burden. The prosecutor must prove, beyond a reasonable doubt, every element of an offense before you can be convicted and sentenced – even if the case is 20 years old.
Your attorney at Farris Law Firm knows the ins and outs of this part of our legal system and can help you at every step of the way with your bench warrant.
