How Do I Clear an Old Warrant in California?
Full Question:
Answer:
Arrest warrants should not be ignored. There are three types of California Superior Court arrest warrants: warrants alleging the commission of a felony offense, the commission of a misdemeanor offense, and infraction warrants. There are very specific and serious problems that can arise for any type of arrest warrant. Arrest warrants can stand in the way of obtaining employment, federal or state benefits, such as licensing for a particular type of job, driving privileges, and safe travel without fear of arrest. In some case, warrants can result in law enforcement forcibly entering your home, arresting you at your place or employment, and can result in the loss of freedom and serious financial problems.
Old warrants involve special consideration because of state statutory and constitutional protections against violation of the right to a speedy trial. In these cases there is often loss of evidence that may have benefited the defense. The delay in arresting the person can therefore result in an unfair advantage for the prosecution resulting in the case being dismissed. However, the defense may gain an advantage if old warrants involve cases with lost evidence or witnesses that have died or disappeared, making it difficult for the prosecution has to prove its case, and may result in dismissal of an old case or a favorable verdict for the defense. In some cases, the California warrants will not allow for the posting of bail. A “no-bail” warrant requires special treatment.
Recalling and quashing a bench warrant means having it voided in the court system . You (or sometimes your attorney) must appear in court in order to complete the process.
If you fail to appear for a court appearance, or fail to pay a fine in connection with a misdemeanor offense, your attorney may be able to have the warrant recalled and quashed in your absence. If, however, you fail to obey a court order that arises out of a felony case, you must be present to clear your warrant.
For further discussion, please see:
http://www.shouselaw.com/bench-warrants.html#recall
