How can we clear up a criminal bench warrant in California? 11 Answers as of October 13, 2010

My son has a bench warrant. He has a criminal misdemeanor. I need advice. What can he do? What is he facing?

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Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
He will have to show up to court personally to clear up the bench warrant. It is advisable to do this with an attorney. What is the bench warrant for?
Answer Applies to: California
Replied: 10/13/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
When a court issues a bench warrant, a new misdemeanor charge is added to the case and your son may be subject to arrest at any time.

Luckily, California law allows an attorney to appear for any client who is accused of a misdemeanor. I often appear for clients, ask the judge to recall the warrant and pick-up the police reports for the original arrest or citation.

Then, I review the reports with my client and try to negotiate a non-jail sentence if possible. Every case is different, so it's hard to predict a specific outcome without more information.
Depending on the original charge, your son may be looking at a small fine, up to one year of jail or something in between.

If you would like to discuss your sons case in more detail, please call my office to set up a free appointment.
Answer Applies to: California
Replied: 10/13/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By going to that court, with or without an attorney, turn yourself into the court, request the court withdraw the warrant, then handle and defend the charges as they were supposed to be originally. If this is a felony, you must be personally present in court at every hearing. If a misdemeanor, your attorney can appear without you. Enter a not guilty plea if appropriate, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear.

If you do not know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 10/13/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A lot depends on the under lying charge. Contact me with the details so that I can better serve you.
Answer Applies to: California
Replied: 10/13/2010
Desert Defenders
Desert Defenders | John Jimenez
Either your son can put the matter on the court's calendar to appear in court and get the bench warrant recalled, or you can hire an attorney to go into court for your son, and handle the matter.
Answer Applies to: California
Replied: 10/13/2010
    Law Offices of Staycie R. Sena
    Law Offices of Staycie R. Sena | Staycie R. Sena
    It depends on what he is charged with. Which court is this in? Please email me and I can try to find look the case up for you.
    Answer Applies to: California
    Replied: 10/12/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    What is he facing? No way to tell. I would need to know more. What can he do? Contact a criminal lawyer, of course. Most criminal lawyers give free consultations. Feel free to contact me for one.
    Answer Applies to: California
    Replied: 10/12/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A bench warrant generally is issued in a misdemeanor for failing to appear at a court hearing. The best way to have the warrant "recalled" is to retain an attorney who will be able to appear for your son. You son need not appear in a misdemeanor in most courts if an attorney appears for him. What he is facing depends upon what offense he is charged with.
    Answer Applies to: California
    Replied: 10/12/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should help him hire a good criminal defense lawyer, who can appear in court without your son present to recall the warrant. Remember, if you son appears by himself, the Judge always has the option of taking him into custody right then and there.
    Answer Applies to: California
    Replied: 10/12/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    A bench warrant indicates that he failed to appear or show proof of a probation term, such as a class he was supposed to attend. I would recommend he call an attorney to appear for him or call the court to see what he missed.
    Answer Applies to: California
    Replied: 10/12/2010
    The English Law Firm
    The English Law Firm | Robert English
    The way to clear up a bench warrant is to appear in court. However, the court may remand (place in custody) the person who has the warrant. I would recommend speaking with an attorney. I am usually able to have warrants recalled without the appearance of the client. Call my office if you need assistance.
    Answer Applies to: California
    Replied: 10/12/2010
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