How Long Do You Stay in Jail for a Bench Warrant in CA? - The Law

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 criminal defense attorney, such as attorney Blair Goss of 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 the person does not appear in court on the required date without a good reason, the judge can issue a bench warrant. A willful failure to appear can also be charged as a separate crime. Once the person is back in court, the judge decides whether to release them, and on what terms, or to set bail. Custody until trial is not automatic. The court must consider the person's ability to pay and less restrictive options before keeping someone in jail before 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 can arrest the person on the warrant.

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

Both bench warrants and arrest warrants are issued by a judge or magistrate. Prosecutors do not issue warrants. The main difference is that a bench warrant issues from a case that is already pending, usually for a failure to appear or a violation of a court order. An arrest warrant issues on a criminal complaint or a showing of probable cause that a person committed a crime.

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 runs their name during a traffic stop or other contact.

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.

Anyone arrested for a bench warrant can call Goss Law and speak with attorney Blair Goss.