Law Offices of Natalio Pereira - Blog

January 19th 2010 by Natalio Pereira

Bench Warrant Violation

Briefly, my client had been in fear of arrest for the last six years. He failed to comply with the Court order to complete an alcohol education class when he was convicted of a DUI.

He also failed to comply with several other terms of his probation. As a result, he had not driven for six years, for fear that he would be arrested and taken to jail.

I went to court and had the bench warrant recalled and convinced the judge not to take him into custody. The judge complied with my request and now my client is back to a "normal" life which does not include the fear of being arrested on a daily basis.

Removing a Bench Warrant

A bench warrant is a type of warrant a judge may issue in a criminal case. This type of warrant is used to take an accused person into custody for failure to do something required by the court. For example, if a person fails to show up in court when he is ordered to, a judge may issue a bench warrant, allowing law enforcement officers to arrest him and bring him before the judge.

Having a bench warrant issued for your arrest is a serious matter, which can carry harsh penalties, even jail time. However, the police and the judge want you to come in. If you surrender yourself voluntarily, it is far less likely that you'll spend time in jail, and you'll have the peace of mind that goes with living warrant-free.

If you are aware that a bench warrant for your arrest has been issued, you may wish to speak with me to help you understand your rights.

In most cases, I can appear on your behalf, remove the bench warrant, and attempt to resolve the underlying problem.

Call The Law Offices of Natalio Pereira at (714) 735-3205 and we can answer any legal questions you may have.