Skip to content Skip to footer

Bail Services

Warrant Bail Bonds

A bench warrant and an arrest warrant are not the same thing. Penal Code § 978.5 sets out exactly when a bench warrant can issue.

Serving Southern California Since 1997 · Open 24 Hours · Licence 1841014

If someone has a warrant, the worst thing they can usually do is nothing. Warrants do not expire on their own, and being picked up on one at a traffic stop is a far worse way to deal with it than handling it deliberately.

When a bench warrant can be issued

Penal Code § 978.5(a) lists the circumstances. A bench warrant may issue where the defendant fails to appear having been:

  1. ordered by a judge or magistrate to personally appear at a specific time and place;
  2. released from custody on bail and ordered to personally appear at a specific time and place;
  3. released on their own recognisance having promised to personally appear;
  4. released from custody or arrest upon citation by a peace officer, having signed a promise to appear;
  5. authorised to appear through counsel, where the court nonetheless ordered a personal appearance; or
  6. required to appear for arraignment after an information or indictment was filed in the superior court.
The pattern is the same in all six. A bench warrant follows a missed appearance that the person had already promised or been ordered to make. That is different from an arrest warrant, which is issued to bring someone in on a new allegation.

Why acting first usually helps

A warrant does not lapse with time. It sits in the system until it is cleared, which means an ordinary traffic stop can turn into an arrest years later — often at the least convenient moment, and often when nobody is available to help. Dealing with it on a chosen date, with a defence attorney and a bond arranged in advance, is a very different experience from being taken into custody unexpectedly.

We cannot clear a warrant — only a court can — and we cannot advise on how to approach one. What we can do is have the bond side ready so that if bail is set, the wait is as short as possible.

On bail already? If a bench warrant follows a missed court date on an existing bond, that has consequences for the original bond and for the person who signed as indemnitor. Speak to a defence attorney, and call us so we can explain the bond position honestly.

Where they are held and where the case is heard

The Intake Release Center in Santa Ana accepts bail 24 hours a day; Theo Lacy only 8:00 a.m.–2:00 p.m.; Musick is not a bail acceptance point. See all jails.

The case is heard at the justice center for the city of arrest — North, Central, West or Harbor. See all courthouses.

Questions families ask us

Can you find out if there is a warrant?

Warrant information is held by the courts and law enforcement. A defence attorney is the right route for a reliable answer on a specific person.

Is bail always set on a warrant?

Not always — some warrants are issued with a bail amount and some are not. The court decides.

Should they just turn themselves in?

That is a legal decision and belongs with a defence attorney, not with us. What we will do is be ready.

Where we work from

Our three offices — Anaheim, Brea and La Habra — are open 24 hours and are our only physical locations. See locations and areas we serve.

See also misdemeanor bail bonds, felony bail bonds and domestic violence bail bonds, or all of bail bond services.

Someone in custody right now?

Call the office nearest the city of the arrest. We will locate them, confirm the bail amount, and tell you honestly what can happen tonight.

Please note: American Freedom Bail Bonds is a licensed California bail bond agency (licence 1841014). We are not attorneys and nothing on this page is legal advice. Statute references are general information and law and local practice change. We cannot guarantee bail amounts, release times, eligibility for release, or any case outcome. For advice on a specific case, speak to a defence attorney.