Riverside Bench Warrant Attorneys
Discovering that a bench warrant has been issued in your name can be frightening. You may be worried about being arrested during a traffic stop, at work, or at home. However, waiting for the problem to resolve itself can make matters worse. A bench warrant generally remains active until it is formally addressed by the court.
The Law Office of Gregory H. Comings, APC helps clients confront outstanding bench warrants and the underlying criminal matters that led to them. Attorney Greg Comings has spent more than 20 years defending people accused of crimes in Riverside, San Bernardino County, and throughout the Inland Empire. He operates a focused criminal defense practice and remains personally involved in the cases he accepts. With more than two decades of criminal defense experience, Greg understands how to present the circumstances surrounding a missed appearance, respond to the court’s concerns, and pursue a resolution that minimizes the risk of custody whenever possible.
If you believe you have an active warrant in Riverside County or anywhere else in California, take action before an unexpected encounter with law enforcement takes the decision out of your hands. Call 951-686-3457 to discuss your situation with a Riverside bench warrant attorney.
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What Is a Bench Warrant?
A bench warrant is an order issued by a judge authorizing law enforcement to arrest a person and bring them before the court. It is called a “bench” warrant because it is issued directly by the judge.
Unlike an arrest warrant based on allegations that someone committed a new crime, a bench warrant usually arises from an existing court case. Under California Penal Code Section § 978.5, a court may issue a bench warrant when a defendant fails to appear as required by law.
A bench warrant may be issued after someone:
- Misses a scheduled court appearance
- Fails to appear after signing a written promise to appear
- Violates a condition of probation
- Does not complete court-ordered classes, treatment, or community service
- Fails to pay a court-ordered fine or restitution when able to do so
- Disobeys another court order
- Misses a required appearance after being released on bail or on their own recognizance
A missed appearance does not always result from intentionally disregarding the court. Notices may be sent to an outdated address, scheduling information may be misunderstood, or an emergency may prevent someone from attending. Whatever the reason, the warrant must still be addressed through the proper legal process.
Reach out to our Riverside bench warrant lawyer at 951-686-3457 or schedule an initial consultation through our confidential contact form.
What Can Happen If You Have an Active Bench Warrant?
Ignoring a bench warrant will not cause it to expire. The warrant may remain active until the court recalls it or the person is brought before a judge.
An outstanding warrant may expose you to:
- Arrest during a traffic stop or another encounter with police
- Being taken into custody and held until a court appearance
- Increased or reinstated bail
- Bail forfeiture
- Additional failure-to-appear allegations
- Probation violation proceedings
- Additional fines and court assessments
- Complications involving employment, professional licensing, or background checks
- Harsher treatment from the court because of a continued failure to appear
The potential consequences depend on the underlying case, the reason for the warrant, the length of time it has been outstanding, and whether the person has previously missed court.
Taking voluntary action may help demonstrate that you are making a good-faith effort to comply with the court rather than continuing to avoid the case.
Can a Riverside Bench Warrant Be Recalled or Quashed?
In many cases, a criminal defense attorney can ask the court to recall or quash a bench warrant. If the request is granted, the warrant is withdrawn, and the immediate threat of arrest under that warrant is removed.
The process may involve:
- Confirming the warrant and reviewing the underlying case
- Determining why the warrant was issued
- Placing the case back on the court’s calendar
- Filing an appropriate motion or request
- Appearing before the judge
- Explaining the circumstances surrounding the missed appearance
- Asking the court to recall the warrant and address any remaining case requirements
Whether a defendant must personally attend the hearing depends on the charge, the type of proceeding, and the judge’s orders. In certain matters, an attorney may be permitted to appear without the defendant. In others, the defendant’s presence will be mandatory.
Attorney Comings can determine what the court requires and help you prepare before any appearance occurs.
Reach out to our bench warrant attorney in Riverside at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Failure to Appear Under California Law
A missed court date can do more than trigger a warrant. Depending on the circumstances, prosecutors may also allege a separate failure-to-appear offense.
California Penal Code Section § 1320 applies to certain defendants who willfully fail to appear after being released on their own recognizance. California Penal Code Section § 1320.5 addresses certain failures to appear after release on bail in a felony case.
The seriousness of a failure-to-appear allegation may depend on:
- Whether the original case involved a misdemeanor or felony
- Whether the person was released on bail or on their own recognizance
- Whether the failure to appear was willful
- Whether the prosecution claims the person intended to evade the court process
- How quickly the person acted after learning about the warrant
An illness, hospitalization, family emergency, lack of proper notice, transportation problem, or reasonable misunderstanding may be relevant when explaining why an appearance was missed. The available defense will depend on the facts and supporting documentation.
What Should You Do If You Discover a Bench Warrant?
A bench warrant can leave you feeling as though an arrest could happen at any moment. Taking control begins with understanding the warrant, the underlying case, and the legal options available to you.
If you learn that a warrant has been issued, do not ignore it and do not assume that explaining the situation to law enforcement will resolve it.
Instead:
- Contact a criminal defense attorney promptly
- Avoid discussing the underlying case with law enforcement
- Gather notices, court documents, bail paperwork, and proof of prior appearances
- Preserve documentation explaining the missed date, such as medical or emergency records
- Confirm your current contact information with your attorney
- Follow your lawyer’s instructions about appearing in court or surrendering
Do not attempt to provide false information, evade police, or leave the jurisdiction to avoid the warrant. Proactive, legally guided action is generally the safest way to begin resolving the matter.
Reach out to our bench warrant lawyer in Riverside at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Contact a Riverside Bench Warrant Lawyer to Help With Your Case
Attempting to resolve a warrant without legal guidance can expose you to unnecessary risk. You may not know whether the court intends to take you into custody, increase bail, or add further allegations. The sooner you address an outstanding warrant, the sooner your attorney can begin working to reduce the risk of an unexpected arrest and pursue a resolution with the court.
Contact the Law Office of Gregory H. Comings, APC at 951-686-3457 to discuss your bench warrant and the underlying criminal matter, or reach out to us through our confidential contact form.
