Most people in Sacramento do not know what a California bench warrant is until they are facing the possibility of jail time because of it. In many cases, the news comes as a surprise when they learn that they have an outstanding warrant in their name.
There is generally no set or limited amount of time a person named in a bench warrant may serve behind bars. However, a good criminal defense attorney can help make an approximation based on several factors, including the nature of the charge.
This article will answer the question, "How long do you stay in jail for a bench warrant in CA?" Contacting a California law expert, such as Goss Law in Sacramento, CA, can help. Offenders can reach out for a free consultation as well as for questions such as how long can police hold my phone without a warrant in CA?
What Is a Bench Warrant?
Many types of warrants are issued under California law that can lead to a person being arrested and, possibly, receiving a jail sentence, such as a:
Bench warrant
Misdemeanor warrant
Felony warrant
Arrest warrant
Bench warrants are instructions issued by a judge to law enforcement officers to take someone into custody for a variety of court-related offenses. These are usually one of the following violations:
Failure to Appear in Court (FTA)
When an offender is arrested and has charges filed for any crime or offense, they are usually given a scheduled court date and then, if applicable, granted bail.
This means it is up to the offender to make a court appearance on the set date, or they may have a bench warrant issued for their arrest.
If there is no excusable reason why the offender failed to appear in front of a California grand jury on the required court date, the offense is punishable by imprisonment until the completion of their trial.
Contempt of Court
Besides failure to appear in court, disobeying a direct court order may also lead to an offender receiving a bench warrant. This is called being in "contempt of court," and can arise from many different offenses, such as failure to:
Pay court-ordered child support
Vacate property, such as in an eviction
Pay a fine
Honor the terms of a felony probation
Pay court-ordered spousal support
Obey any other order of the court
How Do Bench Warrants Work?
Only a judge can issue a bench warrant for failure to appear (FTA) or violation of a court order. It gives authority to a law enforcement officer to find an offender and bring them to court.
Once issued, police will begin looking for the offender, who will also be given a driver's license suspension.
The bench warrant remains open until the offender is located and brought before a judge, which can take many months or even years.
This usually depends on how actively the police will start looking for the person. As such, it is not unusual to find that a person has an outstanding warrant in Sacramento, CA, even after moving to another state many years ago. For more information, our criminal defense lawyer in Sacramento may be able to help.
Bench Warrants Vs. Arrest Warrants
The main difference between a bench warrant and an arrest warrant is that the former has to come directly from a judge, not a prosecutor or any other authority.
Also, bench warrants do not need to be linked to any criminal activity. Violating probation or even civil contempt can lead to being issued one by the presiding judge.
Typical County Jail Time for a Bench Warrant
While bench warrants themselves do not carry a set state prison sentence, the offender will be taken into custody as soon as they are located. They will often remain there while awaiting trial for the offenses that led to them having outstanding warrants in the first place.
The following are some of the factors that influence the amount of jail time when arrested on a bench warrant:
Nature of the Underlying Case
The context and severity of the original cases in which bench warrants are issued play a huge role in determining the amount of jail time an offender will face.
If, for example, they were facing felony charges, the consequences may be a lot more severe than for an offender who has outstanding probation violations.
Jail time may be handed down in a felony case, while for lesser charges, the offender may be released on their own recognizance.
Criminal History and Flight Risk Assessment
If the person's criminal history or flight risk assessment leads the judge to believe they might not appear for their new court date, they may be remanded in custody until the completion of the case. Unfortunately, there is no guarantee that it will be a speedy trial.
Compliance with Court Orders
In cases in which the offender is being held in custody for failure to follow a court order, the judge may decide to place them in jail until they show a willingness to comply with the prescribed conditions.
Probation Violation
The severity of a probation violation will also affect how much time a judge may decide to hold an offender in custody. It is possible to remain in jail until the next scheduled court date.
Inability to Post Bail
If the defendant cannot afford to pay the amount set for bail, they will have to remain in custody until they can be brought before a judge.
How Law Enforcement Officers Execute a Bench Warrant
As soon as the bench warrant is issued by the judge, law enforcement officers are supposed to start looking for the offender. However, depending on the severity of the case, they may take their time.
In some cases, a person will only be arrested for a bench warrant when a police officer checks their driver's license and realizes that it has been suspended.
What to Do After Being Arrested
Defendants need to know what steps to take after being arrested due to an outstanding bench warrant.
The most important thing is to seek the help of a good California criminal defense attorney. While the situation might be more serious when it comes to an arrest warrant, jail time is still a possibility that needs to be avoided.
A Good Sacramento Lawyer Can Help
Finding the right law firm can be the most important decision a defendant facing charges needs to make. It may be the difference between spending time behind bars and walking away with a fine.
Goss Law has been serving the people of Sacramento, CA, for many years now. Anyone arrested for a bench warrant can call the law firm and ask to speak to one of its top-rated attorneys.
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