Warrant Bail Bonds

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 recognizance having promised to personally appear;
4. released from custody or arrest upon citation by a peace officer, having signed a promise to appear;
5. authorized 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.

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 defense 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.

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.

Where traffic warrants come from

A large share of the bench warrants we deal with begin as a missed traffic date at the Costa Mesa Justice Complex, Orange County’s traffic and minor-offence courthouse. They do not expire, and they usually surface at a later traffic stop.

Checking whether a warrant exists

There is no public statewide warrant search in California, and asking in person at a court counter can end in an arrest the same afternoon. How to check for a warrant sets out what actually exists in each county and the safer sequence.

When the warrant is from another county

That is its own case, with its own bail, in its own court — and it is the most common reason a release stalls after the money is in. See out-of-county warrants.

Questions families ask us

Can you find out if there is a warrant?

Warrant information is held by the courts and law enforcement. A defense 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 defense 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.

Bench warrant, arrest warrant, and what follows a missed date

The two get used interchangeably and they are not the same. An arrest warrant is issued on probable cause that someone committed an offense. A bench warrant is issued by the court itself — from the bench — most commonly because a person did not appear when required, or did not comply with a court order.

That difference matters practically, because a bench warrant usually means the court is already involved and the path back runs through the court rather than through a fresh investigation.

If the warrant followed a missed court date

Missing a court date can do more than generate a warrant. Under Penal Code § 1320 and § 1320.5, willfully failing to appear in order to evade the process of the court can be charged as a separate offense — with different penalties depending on whether the person had been released on their own recognizance or on bail. Our failure to appear page sets out both sections, the 14-day rule and what happens to a forfeited bond, and our Penal Code § 1305 page covers the 180-day period that follows a forfeiture.

If the warrant relates to supervision

A warrant connected to probation, mandatory supervision, postrelease community supervision or parole is a different mechanism again. Under Penal Code § 1203.2 the release decision sits with the court rather than with a published bail schedule, which is why these frequently appear as no-bail holds. See probation violation bail before assuming money will resolve it.

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