A judge issues a bench warrant, also called a “body attachment,” as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
Can a Bench Warrant Be Issued for Failing to Appear in Court in California?
California judges can issue a bench warrant for failure to appear in court.
If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
- Failure to appear in court after the date and place was fixed for the person to appear after criminal charges or an accusation against him;
- Failure to appear in court after a judge has personally ordered the person to appear
- Failure to appear in court for show completion of community service, proof of enrollment, or another alternative sentencing;
- Failure to appear in court after a police officer has issued a citation.
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
Penalties for Failure to Appear in Court in California
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California Penal Code Section 853.7: Failure to Appear-Written Promise
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with “failure to appear” as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
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California Penal Code Section 1320(a): Failure to Appear in Misdemeanor Case
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor “failure to appear” for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
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California Penal Code Section 1320(b): Failure to Appear in Felony Case
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony “failure to appear.” A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
What are The Penalties for Failure to Pay a Fine or Restitution in California?
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
California Bench Warrants for Disobeying a Court’s Order
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
What is Civil Assessment Per California Penal Code section 1214.1?
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver’s license for 30 days.
Criminal Defense Attorney
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.