Asked on Jul 05th, 2012 on Criminal Law - California
More details to this question:
i have a bench warrant on fta for an infraction . i had a fta and got an abstract and a new court date. i went to my court date but did not realize how long it would take and had to leave to make it to work on time so i would not be late for work and fired. i was terminated that day even though i made it to work on time for a previous tardy and as a result my ticket turned into a warrant. what can i do to clear my warrant?
If there is a warrant, to properly handle it, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new Failure to Appear charge. You'll try to negotiate bail reduction or OR release. You'll then try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. On misdemeanors and infractions, your attorney can appear in court without the defendant being present. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it.
Go to the clerk and ask to be put on calendar. Then explain to the judge what happened. They should recall the warrant and you need to do whatever was required.
You are going to need to appear before the judge that issued the bench warrant and ask that the warrant be recalled. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
To clear a bench warrant you should go to the court that issued the warrant and tell the clerk that you have a warrant and you are there to handle it. The clerk will call for the file and it should be heard that day.
Go to the court clerk tyraffice window early 8:30 a.m. tell then you have a warrant they will pull your case and send it to the court. In court you will need to explain to the Judge want happened.
A bench warrant is issued when the accused fails to appear on a court appearance date, which the accused previously, by signing the citation or otherwise, promised to appear on. This is a charge called failure to appear, which is often a misdemeanor. As such, for committing this misdemeanor the judge (the "bench") may issue a warrant for your arrest, thus called a bench warrant. In order to correct or mitigate the situation, you need to appear in front of the judge as soon as possible. You should request a court date from the clerk by writing a letter or appearing in person. Justify your request with the bench warrant for failing to appear. It is always a good idea to go to court by choice rather than by force. Whatever your reason for failing to appear is, the court is your opportunity to plead your case. However, make sure you have a good reason and are there to make it right. There is no cost efficient way to get around going to court. Judges encourage it for an efficient resolution. An attorney may appear on your behalf and present your case. The judges often prefer to be in the company of their peers because they speak the same language.
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