Legal Question in Criminal Law in California

Re: Bench warrent issued with out notice

Unfortunately this happens a lot. A police officer will tell someone that a notice will be sent but then one never is. You are correct, the cite is the Notice to Appear and you are bound by that. The date and location on the Notice to Appear/Cite was when you were supposed to go to court. When you did not appear, a bench warrant was issued automatically. If you should plead "not guilty" and pay the bail and go to court, you could explain to the Judge that you believed there would be a letter coming as per the officer's statement and perhaps the Judge would just order a small fine for the failure to appear charge should you plead "no contest" or "guilty" "with an explanation" to that charge (a portion of your bail then being returned to you.) You would still be responsible for the drinking in public charge as well and the Judge could sentence you to an additional fine there (again, some portion of your bail may be returned to you.) The charge of failure to appear by itself does carry potential jail time believe it or not but if you have no criminal record, the Judge will probably just fine you. I would say that the chances of "winning" on the failure to appear charge based on your belief that there would be a Notice coming in the mail are slim to none. You are better off looking for a reduced fine, no jail time. Good luck!