Legal Question in Criminal Law in California

Bench warrant

If i go see the judge and req a bench warrant recall will i be arrested at court?


Asked on 8/16/07, 11:54 am

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Bench warrant

There's always a chance that you will be arrested. You should send an attorney. Sorry to make it sound like we just want to earn money, but I have seen people who represent themselves get hauled in. Call around and see if you can find someone willing to do it for a couple hundred bucks.

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Answered on 8/16/07, 12:15 pm
Terry A. Nelson Nelson & Lawless

Re: Bench warrant

Quite possibly, because he will want to make you post bail to avoid having you ignore your appearances, like got the warrant issued in the first place. You should consider having counsel appear with you and represent you in the case. It makes you appear more serious about taking care of the case. If it is a misdemeanor, the attorney can appear without you present, if a felony you must be there. If you want to hire counsel, contact me if the case is in SoCal.

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Answered on 8/16/07, 1:09 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bench warrant

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is hard to answer, as the law doesn't allow any attorney to promise, or guarantee, what a particular judge will or won't do on a particular day. I can tell you from experience, however, that this very much depends on the demeanor of the individual judge that you find yourself in front of. Some will recall warrants like it's not a big deal, and allow you to then set new dates to take care of the case. Others will see it as a matter of responsibility, and even as serious as disrespect of the court, which can cause additional charges, and for you to be held until you can post the bail amount set by the court for the warrant.

If your case is a misdemeanor, typically if an attorney appears for you, a warrant can be recalled as a matter of procedure for counsel, and as a professional courtesy (and because the court knows that an attorney is now "on the hook" for making all court appearances), a warrant can be recalled without having to post bail, and without fear that you will be arrested. As a result, your best chances are going to be through an attorney, as others have stated.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 8/16/07, 5:01 pm


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