If you have an active arrest warrant or bench warrant in California, proactively surrendering to the court is almost always the most advantageous legal strategy.
Ignoring an active warrant exposes you to unexpected arrest in public or at work, automatic bail forfeitures, and additional criminal charges.
Voluntarily turning yourself in—especially through a criminal defense attorney—allows you to take control of the situation, demonstrate accountability, negotiate for lower bail or release on your own recognizance (OR), and protect your rights.
Voluntary surrender prevents unexpected arrest and establishes a far stronger position in court. When you voluntarily appear before a judge to clear or recall a warrant, you signal that you are not a flight risk.
This significantly increases your likelihood of being released without posting monetary bail, avoiding additional misdemeanor or felony Failure to Appear (FTA) charges, and securing favorable plea negotiations from prosecutors.
Penalties for Active Warrants and Failure to Appear in California
Failing to address an active warrant creates cascading criminal liabilities and severe financial consequences:
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Penal Code 1320 (PC 1320) – Failure to Appear on Own Recognizance (Misdemeanor): Willfully failing to appear in court after being released on your own recognizance for an underlying misdemeanor carries up to 6 months in county jail and fines up to $1,000. If the underlying charge was a felony, failing to appear is a felony carrying up to 3 years in state prison and $5,000 in fines.
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Penal Code 1320.5 (PC 1320.5) – Failure to Appear on Bail (Felony): Willfully failing to appear in court after being released on bail for a felony offense is charged as a felony. Penalties include up to 3 years in state prison or county jail under realignment, along with fines up to $10,000.
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Bench Warrants (Penal Code 978.5): Issued directly by a judge when a defendant misses a mandatory court appearance. Bench warrants remain active indefinitely until recalled by the court and authorize law enforcement to detain you immediately upon contact.
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Bail Forfeiture and Civil Assessments (Penal Code 1214.1 / 1305): If you fail to appear while out on bail, the court will declare your bail money or property bond forfeited. Courts may also impose a $300 civil assessment fine under PC 1214.1.
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DMV Driver's License Holds (Vehicle Code 40508 / 40509.5): The court automatically notifies the California DMV of an outstanding court failure to appear, leading to a license suspension that creates additional criminal liability if you continue to drive.
Defenses to Warrant Enforcement and Failure to Appear Charges
When surrendering or contesting an FTA charge in court, a criminal defense attorney can assert several statutory legal defenses:
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Lack of Willfulness: Penal Code 1320 and 1320.5 require the prosecution to prove beyond a reasonable doubt that you intentionally failed to appear in order to evade the court. Proving you lacked intent—such as not receiving proper court notice—defeats the criminal charge.
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Emergency or Involuntary Absence (Good Cause): Establishing that severe illness, hospitalization, an unexpected medical crisis, incarceration in another jurisdiction, or a sudden emergency prevented your physical presence.
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Defective Service or Lack of Signed Promise to Appear: Demonstrating that the court or arresting agency failed to properly serve notice or obtain a signed Written Promise to Appear agreement.
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Motion to Recall / Quash the Warrant: A defense attorney can file an ex parte motion or schedule an immediate calendar appearance to recall (quash) the warrant and reinstate the original proceedings without placing you in custody.
Hypothetical Case Examples
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Voluntary Surrender via Counsel (Bench Warrant Recalled): A defendant misses an arraignment date for a misdemeanor traffic offense, resulting in an active PC 978.5 bench warrant. The defendant retains a lawyer who files a motion to quash the warrant, appears in court alongside the client, explains a documented scheduling mistake, and gets the warrant recalled without any jail time or extra fines.
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Avoided Custody in Misdemeanor DUI Case: An individual facing a misdemeanor DUI warrant coordinates a controlled surrender with defense counsel. Because the surrender was voluntary, the judge releases the individual on their own recognizance (OR) rather than remanding them into county jail or requiring high monetary bail.
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Accidental Arrest During Traffic Stop: A driver with an outstanding bench warrant ignores the issue and is pulled over for a broken taillight. Officers execute the active warrant on the spot, impound the car, and place the driver in county jail over the weekend with increased bail requirements.
Related California Statutes and Legal Codes
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California Penal Code 1275 (PC 1275): Sets criteria for establishing bail amounts, including public safety and flight risk.
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California Penal Code 853.6 (PC 853.6): Governs misdemeanor citation release procedures and signed promises to appear.
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California Vehicle Code 40508 / 40509.5: Penalizes failure to appear for traffic citations and authorizes DMV driver's license suspensions.
Frequently Asked Questions (FAQs)
What is the difference between a bench warrant and an arrest warrant?
A bench warrant is issued directly by a judge when a defendant fails to appear in court or violates a court order. An arrest warrant is requested by law enforcement during an investigation based on probable cause that a crime was committed.
Can you be released the same day if you turn yourself in for a warrant in California?
Yes. In many misdemeanor cases—especially when coordinated in advance by a defense attorney—the court can recall the warrant and release you on your own recognizance or signature during the same hearing.
Will turning yourself in guarantee a lower bail or release on your own recognizance?
It does not guarantee it, but judges view voluntary surrender favorably because it proves you are actively resolving the case rather than attempting to evade law enforcement.
Can you avoid going to jail by turning yourself in?
In many non-violent misdemeanor and first-time failure to appear cases, voluntary surrender allows your attorney to quash the warrant and keep you out of custody entirely.
What happens if you ignore an active warrant in California?
Warrants do not expire. Ignoring a warrant means law enforcement can arrest you at any time during routine police contact, traffic stops, or international travel, often leading to increased bail and new criminal charges.
Should you talk to the police before turning yourself in?
No. You should consult a California criminal defense attorney before speaking with police officers or court clerks, as anything you say can be used against you by prosecutors.
Can a defense attorney appear in court for you to handle a warrant?
For most misdemeanor warrants, California Penal Code 977 allows your defense attorney to appear in court on your behalf to quash the warrant without you having to enter a courtroom or jail facility.
Do California arrest warrants expire after a certain number of years?
No. Criminal warrants and court-issued bench warrants remain active indefinitely in statewide law enforcement databases until they are formally recalled, quashed, or satisfied by arrest.
The legal team at Esfandi Law Group handles bench warrant recalls and failure-to-appear defenses across California courts. Call (310) 274-6529 today or complete our online contact form to schedule your free, confidential consultation.
