California Alias Warrants: Penal Code 978.5 PC
Under California Penal Code 978.5 PC, an alias warrant is a court-issued order directing peace officers to take an individual into custody for failing to comply with a court order or to appear in a pending criminal proceeding.
An alias warrant is a specific subcategory of a bench warrant, issued directly "from the bench" after a court has already established jurisdiction over a case.
While often triggered by procedural oversights—such as a missed court date or an unpaid fine—an active alias warrant grants law enforcement immediate authority to execute an arrest at any time.
Statutory Definition of Alias Bench Warrants
“A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations: (1) If the defendant is ordered to appear by the court or magistrate... (2) If the defendant is released on his or her own recognizance and fails to appear... (3) If the defendant is released on bail and fails to appear... (4) If the defendant fails to appear for trial.” — California Penal Code 978.5 PC
Legal Mechanics: How Alias Warrants Work
An alias warrant arises from an existing court proceeding rather than a newly reported crime. The court evaluates specific criteria when issuing and executing an alias warrant:
-
Judicial Issuance: Unlike standard arrest warrants requested by police officers via affidavits, an alias warrant is issued directly by a judge when court records show noncompliance.
-
Database Entry: Once signed, the warrant is uploaded to state and national registries, including the California Law Enforcement Telecommunications System (CLETS).
-
Continuous Validity: Alias warrants do not expire over time. They remain active until the subject dies, voluntarily appears in court, or an attorney files a motion to quash and recall the warrant.
-
Bail Status Modification: Upon issuing an alias warrant, a judge may increase the previous bail amount, revoke own recognizance (O.R.) release, or order a no-bail hold.
Penalties & Custody Exposure for Alias Warrants
Failing to address an alias warrant creates statutory exposure for additional misdemeanor or felony charges beyond the penalties of the original underlying case:
|
Charge / Legal Violation |
Statutory Code |
Classification & Custody Exposure |
| Misdemeanor Failure to Appear | Penal Code 1320(a) PC | Misdemeanor; up to 6 months in county jail and up to $1,000 in fines. |
| Felony Failure to Appear | Penal Code 1320(b) PC | Felony; up to 3 years in state prison and up to $10,000 in fines. |
| Failure to Appear on Bail | Penal Code 1320.5 PC | Felony; up to 3 years in state prison (served consecutively to the primary offense). |
| Contempt of Court | Penal Code 166 PC | Misdemeanor; up to 6 months in county jail and court assessments. |
| Probation Revocation | Penal Code 1203.2 PC | Immediate custody hold; imposition of suspended state prison or jail sentence. |
Hypothetical Examples
-
Example 1 (Misdemeanor Court Date): A defendant facing misdemeanor DUI charges misreads their court notice and misses a mandatory pretrial hearing. The judge issues an alias warrant under PC 978.5, revokes O.R. release, and sets bail at $10,000.
-
Example 2 (Unpaid Restitution): An individual ordered to pay victim restitution as a condition of probation fails to make payments or report to court. The court issues an alias bench warrant for probation noncompliance under PC 1203.2.
-
Example 3 (Felony Bail Violation): A defendant released on bail for felony grand theft fails to appear for jury trial. The judge issues a no-bail alias warrant, forfeits the bail bond, and prosecutors add a felony failure to appear charge under PC 1320.5.
Related California Laws & Procedural Rules
-
Penal Code 977 PC – Defendant's Appearance by Counsel: Allows defense counsel to appear on behalf of a defendant in misdemeanor cases to recall an alias warrant without the client entering a courtroom.
-
Penal Code 1275 PC – Bail Determination Standards: Governs judicial review of bail conditions when a defendant is re-arrested on an alias warrant.
-
Penal Code 1305 PC – Forfeiture of Bail Bonds: Dictates rules for bail bond forfeiture when an alias warrant is issued due to a non-appearance.
-
Penal Code 1203.2 PC – Probation Revocation Proceedings: Authorizes judges to issue bench warrants and revoke probation upon receiving notice of a terms violation.
-
Vehicle Code 40508 VC – Failure to Comply with Traffic Citation: Makes it a misdemeanor to break a signed promise to appear or pay fines on traffic citations.
Frequently Asked Questions (FAQs)
What is the difference between an alias warrant and a bench warrant in California?
An alias warrant is a specific type of bench warrant. While "bench warrant" is a broad umbrella term for any order issued directly by a judge, an alias warrant specifically refers to a warrant issued for failing to appear or failing to comply with court orders in an already pending case.
Can an alias warrant be cleared without going to jail?
Yes. In many misdemeanor cases, a defense attorney can schedule a court appearance and file a motion to quash or recall the alias warrant under Penal Code 977 PC, often resolving the matter without the defendant going to jail or being detained.
Do alias warrants expire if I move out of California?
No. Alias warrants remain active indefinitely in law enforcement databases. Moving out of state does not clear the warrant, and it can trigger extradition or cause holds on driver's license renewals across state lines.
What happens if I missed court due to a genuine emergency?
If your failure to appear was not "willful"—meaning it was caused by hospitalization, severe illness, lack of notice, or incarceration elsewhere—your attorney can present evidence to the judge to recall the warrant and defeat secondary failure to appear charges under PC 1320.
Will an alias warrant show up on an employment background check?
Yes. Active alias bench warrants are recorded in state and national criminal records databases (such as CLETS and NCIC) and will routinely appear on background checks conducted by employers, landlords, and licensing boards.
Can the police arrest me at my home for an alias warrant?
Yes. An active alias warrant grants law enforcement officers full legal authority to arrest you at your residence, workplace, or during a routine traffic stop anywhere in California.
What is the penalty for failing to appear while out on bail?
Under Penal Code 1320.5 PC, willfully failing to appear in court while released on bail for a felony charge is a separate felony offense punishable by up to 3 years in state prison, served consecutively to your original sentence.
How does an attorney motion to quash an alias warrant?
Your attorney files an "add-on" motion with the court clerk, places the case back on the judge's calendar, presents legal justification for the missed appearance or noncompliance, and requests that the judge recall the warrant and reinstate bail or O.R. release.
The Esfandi Law Group can help you. Schedule your free consultation today.