How To Get Rid of a Warrant in California

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 How Do I Get Rid of an Arrest Warrant in California?

To clear a warrant, you usually must appear in the court that issued it. In some cases, you might be able to pay a fine if the warrant is for a smaller offense, like a traffic ticket. However, this is not always an option, especially for serious felonies.

If you have a bench warrant (often issued when you skip a court date) or an arrest warrant (when you are charged with a crime), you can go to the court that issued the warrant. The judge may let you stay free until the case is done or set a bail amount. If you are polite and have a California lawyer beside you, it helps show you are serious about resolving the matter.

Sometimes, you can call the court clerk or the law enforcement agency that issued the warrant to schedule a date to appear. This might help you avoid being arrested by surprise. A legal consultation with an attorney can help you plan the best way to show up in court safely.

When Can I Be Arrested After the Warrant Is Issued?

You can be arrested any time after a warrant is made. The warrant remains active until the court ends it or the police serve it (meaning they arrest you). If you are found during a traffic stop or if they locate you at home, you could go to jail.

Misdemeanor warrants and felony warrants may differ. Some counties have local court rules about how long a warrant remains valid. According to Rule 4.1.10. Misdemeanor Warrant Procedure, a misdemeanor warrant might expire after a year if it is not executed, but that depends on local practice. Felony warrants often last until the statute of limitations for that offense runs out, as outlined in Rule 4.1.21. Felony Warrant Procedure and Penal Code Sections 799-805.

  • Misdemeanor Warrant: Might expire 1 year from the date it was issued, if not served. Rule 4.1.10.
  • Felony Warrant: Usually remains valid until the time limit for the offense passes. See Penal Code §§ 799-805; Rule 4.1.21.

This can vary, though, and the best way to confirm is to check with the court or a California lawyer.

If I Have a Warrant, Can I Just Pay It?

In some cases, especially for smaller offenses or traffic violations, you might pay a fine to get rid of a warrant. But for more serious charges—like a felony or a DUI—you cannot merely pay money and be done. You typically must appear in court.**

Checking Eligibility

  • Traffic Tickets or Infractions: If your warrant stems from an unpaid traffic ticket, you might pay the fine plus penalties. The court could remove the warrant once you show proof of payment.
  • Serious Offenses: If it is a felony or a serious misdemeanor, paying a fine usually is not enough. The judge will want you in court to address the charges or to set bail.

Potential Dangers

Even if your offense is minor, do not ignore it. If you wait, fees can grow. A simple fine can balloon into a bigger sum. A warrant might also be reported to the Department of Motor Vehicles, creating trouble with your driver’s license.

What if I Did Not Commit a Crime?

If you have a warrant but are innocent, it is very important to handle it soon. The warrant does not disappear because you believe you did nothing wrong. Miner v. Mid-Am. Door Co. is about civil context, so for an arrest warrant, the principle is the same: approach the court. A motion to quash the warrant may help, or your lawyer can present proof you are not the right suspect.

Steps to Clear a Mistaken Warrant

  • Hire an attorney: They can review the warrant and the supposed offense to see if there is a mismatch.
  • Gather evidence: If you have an alibi or evidence you were elsewhere, your lawyer can share it with the judge or prosecutor.
  • Attend a hearing: The court might hold a short hearing to cancel the warrant if the evidence shows you are not the suspect.

Can an Arrest Warrant Expire or Go Away?

It depends on the type of warrant and the local rules. Misdemeanor warrants sometimes expire after one year, as stated in Rule 4.1.10. Misdemeanor Warrant Procedure, but that can differ from county to county.

Expiration of Warrants

  • Misdemeanor Warrant: May end after 1 year if not executed. Rule 4.1.10.
  • Felony Warrant: Tied to the limitations period for that crime, found in Penal Code §§ 799-805. For serious felonies, the law might allow many years, or no limit at all for extremely serious crimes.

Recalling a Warrant

A court can “recall” or cancel a warrant, often after you or your lawyer files a motion or you show up in court voluntarily. If the warrant is recalled, you might still need to handle the underlying charge, but you do not risk sudden arrest anymore.

Even if a year passes, the court might treat the warrant as valid unless it is explicitly recalled. So, do not assume it is gone. Check with the court or a lawyer to confirm.

How Do I Get Rid of an Arrest Warrant in California Without Going to Jail?

You may get rid of an arrest warrant in California without going to jail by:

  • Hire an Attorney: An attorney can talk with the district attorney or judge about resolving the warrant. In some cases, the attorney’s request might let you skip going to jail, especially if you have a plan to address the charge. They may set a new date for you to appear in court voluntarily instead of being arrested.
  • Ask the Court To Recall It: Your attorney can file a motion or arrangement with the court to “quash” or “recall” the warrant. If approved, the warrant is removed from the system. You may still have to face the charge, but you will not risk immediate arrest.
  • Resolve the Underlying Offense: If your warrant is for an unpaid ticket or small infraction, paying the fine or doing the court-ordered class (like a traffic school) might remove the warrant. For bigger issues, you may need to appear in front of a judge and set a bail or plea agreement.

Why a Legal Consultation Matters

Getting advice from a California lawyer can help you handle a warrant the right way. If you do not approach this carefully, you might get arrested upon stepping foot in the courthouse. A lawyer can often set up a safe surrender or a hearing date to avoid that immediate jail risk.

The California Criminal Case Process Overview

Understanding the California criminal case process helps if you have a warrant. The steps include:

  • Arrest Warrant or Summons: If the court believes you committed a crime, it can issue a warrant or a summons. A summons is a written order telling you to appear in court on a certain date. If you skip it, the judge usually issues a bench warrant.
  • Arraignment: Once you are in court, you will have an arraignment. That’s where they tell you the charges and ask for your plea: guilty, not guilty, or no contest. A lawyer can help you plead wisely.
  • Pretrial Process: You might have pretrial motions, negotiations, or attempts to settle. If it’s a misdemeanor, you could end it with a plea deal or short trial. For felonies, it’s more complex.
  • Trial or Plea: If you do not settle, a trial is scheduled. A favorable resolution might be found before trial, but if not, a jury decides guilt or innocence.
  • Sentencing: If found guilty, the judge sentences you. If not guilty, you are free.

Clearing the Warrant in Each Phase

At any phase, a judge can recall your warrant. For instance, if you come in voluntarily and work out a bail or plea, the warrant might be removed to allow you to remain free until your case is settled.

Do I Need a Lawyer if I Have a Warrant Out for My Arrest?

Having a warrant in California does not automatically mean you will end up in jail. By talking to the court, paying fines if allowed, or arranging a hearing through an attorney, you might fix the warrant while staying out of custody. If you worry about the process or the California criminal case process, get a legal consultation so you know your options. A skilled California criminal defense attorney can show you how to resolve the warrant and protect your rights.

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