Warrants & holds
When a Traffic Ticket Becomes a Warrant
Most warrants we are called about did not start with a crime. They started with a citation nobody dealt with — and they do not expire.
A large share of the warrants we are called about have nothing to do with a crime. They began as a traffic citation that was missed, forgotten, or genuinely never received — and then sat there. A bench warrant does not expire. It surfaces years later at a routine stop, usually on a Friday evening.
How a citation turns into a warrant
- A citation is issued and the person signs a promise to appear or to pay by a date.
- The date passes. Often because the notice went to an old address, or the amount was unaffordable.
- The court issues a bench warrant, and may add a civil assessment under Penal Code 1214.1 for the failure to appear or pay.
- A separate offence can attach. Vehicle Code 40508 makes it an offence to wilfully fail to appear or to pay as promised — and it stands independently of whether the original citation had merit.
- The licence can be affected, and driving afterwards on a suspended licence is its own charge — see driving on a suspended licence.
Infraction or misdemeanour — and why bail appears anyway
Most traffic violations are infractions, which do not usually involve a bail bond at all. The thing that changes is the warrant: a bench warrant generally carries its own bail figure even where the underlying matter was minor. And Penal Code 1269b(g) means posting bail on one matter discharges the person only as to that matter — so a traffic warrant found during booking on something else is a second, separate problem. See holds and multiple cases.
The cheapest path is usually not a bond
We would rather say this plainly. If there is a warrant and no arrest yet, the best first call is a criminal defence lawyer, who can often ask the court to recall the warrant and set a new date without anyone going into custody. See warrant recall. Where custody is likely, the bond can at least be arranged in advance rather than from inside a cell — see walk-through bail.
What you should not do is walk into a court or police station to ask about it. That is how people are arrested on the spot with nothing arranged — see how to check for a warrant.
Where these are heard
In Orange County the court publishes which facilities take traffic matters: the Central, North, Harbor and West justice centers all handle traffic, while the Costa Mesa Justice Complex states that it does not handle traffic matters. As always, the paperwork governs — see release paperwork.
Related
WarrantsWarrant RecallA bench warrant can often be recalled — sometimes with no custody at all.Read more
FTAFailure to AppearWhat a missed date triggers, and the forfeiture clock that starts.Read more
HoldsHolds and Multiple CasesWhy posting bail does not always mean release.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.
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