Los Angeles Warrants Lawyer

LOS ANGELES BENCH WARRANTS AND ARREST WARRANTS CLEARED

Photo Credit: H. Arkovitz (2014)

Having a warrant out for your arrest is scary.  It can turn a simple traffic stop into a trip to jail.  There are several different types of warrants and different ways that they can be handled.  Anytime you become aware that you have a warrant out for your arrest, you should consult with a Los Angeles Criminal Defense Attorney immediately.  It may be a relatively simple fix, where an attorney can appear on your behalf, or might be more complex, and your physical presence in court may be required.  Either way, having an attorney by your side, fighting for your rights is imperative.

In California, particularly in Los Angeles, a "bench warrant" is the most common type of warrant.  Judges can issue a bench warrant for several reasons.  If a defendant fails to appear (FTA) in court (traffic, criminal, civil, etc.), fails to pay a fine or restitution (FTP), fails to comply with a court order (including showing up to court to be a witness) or has been indicted by a grand jury, the judge in the court will likely issue a bench warrant.  

Bench warrants can be issued in a small amount, or there may be a "no bail" hold.  Arrest warrants are usually issued in accord with the "bail schedule" (see link below).  Typically, the bail amount for misdemeanors will be lower than for felonies.  Bail amounts on arrest warrants can range greatly, with many minor offenses (including first time DUI) not requiring bail at all ("own recognizance" or "O.R." release), and No Bail (defendant must remain in custody pending a disposition in the matter).  No Bail warrants are often issued in very serious cases, for defendants who have failed to appear in court in the past, and for immigration reasons.  Bail can also be set very high, sometimes in excess of $1,000,000.  In LA, the most common bail amounts are $20,000, $30,000 and $50,000.  Most people post bail through a bail bondsman, who will charge usually 10% of the total bail.  When you retain a private attorney, most bail companies will offer an 8% rate, saving you money.

How to handle your warrant depends on the type of warrant and the reason in was issued.  Arrest warrants can be handled in court, jail or at a police station.  Either way, your attorney and bail bondsman should be present to ensure that you are released as quickly as possible after your surrender.  Once you post bail, you will receive a court date to return to court for the case to begin.  If you bail out and are out of custody, this date is usually over a month away.  If you do not bail out, but surrender on a warrant, you will be brought to court sooner.  In this case, your attorney can argue for a reduction of bail or for you to be released on your own recognizance.  This can help you save money in the long run, but you may have to stay in jail a few extra days.

Bench warrants generally require you to appear in the court that issued the warrant.  For failures to appear or any other felony bench warrants issued, you must personally appear before the issuing judge to have the warrant recalled and quashed.  In misdemeanor cases, the law permits an attorney to clear a warrant by appearing for the client under Penal Code 977.  However, many judges in LA require the defendant to be personally present to recall a misdemeanor warrant.  Your attorney will either be familiar with the practices of your particular judge, or can call the court clerk in the department in question to find out whether the warrant can be cleared in your absence.  Traffic warrants can almost always be cleared by an attorney appearance without a need for you to appear.  So if you no longer live in California and have a warrant, contact an attorney to see if the warrant can be recalled without your personal presence.

If you have been notified by mail, the DMV, or by a law enforcement officer that there is a warrant out for your arrest, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  We can explain the process and devise the right course of action to get your warrant recalled.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

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