Legal Question in Criminal Law in California
bench warrants
If there is a bench warrant for someone,how is that person notified and by whom? The person is on probation and the person has given the probation officer his address. Does the probation officer go out to the person's house and bring the proper authorities with them? This person missed
his court date.
3 Answers from Attorneys
Re: bench warrants
Hello---Thank you for your question. Generally, in California, if you miss a criminal court appearance, the Defendant can expect to have a bench warrant issued for his/her arrest. Although some Courts will send a courtesy bench warrant notice letter, most will send nothing, and the Defendant is subject to arrest upon any contact with the police. Hope this helps you. If you need further info, email me or call (562) 929-7422 for a free consultation. Attorney Woodworth
Re: bench warrants
When the court date was missed the court issued a bench warrant. Normally the court does not give notice of the issuance of the bench warrant. The notice is usually received when the person is arrested.
If you are aware of the possibilty of the issuance of a bench warrant you should take immediate action. Go to court to set a court date. At the court date if the explanation for missing the court the judge may recall the bench warrant pending a hearing on the probation violation. The advantage of this procedure is that it eliminates the surprise of being arrested at some unknown time.
An attorney can arrange for a new court date, and assist it resolving the probation violation charge.
Re: bench warrants
You find out about a warrant at 5 AM tomorrow morning when they break down the door to your mother's house and handcuff you and trash the house and maybe shoot you dead if they see you twitch (they will say you were reaching for a gun). Go to court and deal with the warrant before this happens.
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