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Bench warrant, arrest warrant, 40508a warrant

Bench warrant, arrest warrant, 40508a warrant

Failure to appear in court for a license violation will usually result in a warrant for your arrest (40508a Warrant).

On this page you will find:-

A warrant can be issued without notification

If you have been cited for a misdemeanor and you do not go to court, the Judge or court will almost always issue a warrant for your arrest - and many times they do it without any notification at all. People usually find out about it the hard way, either by the police or a job background check.

The Law in California
VC 40508(a) - See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=40508.

What's the difference between a bench warrant and an arrest warrant?

A bench warrant may be issued when you fail to adhere to the instructions of the court, or miss your scheduled court appearance. (The term ‘bench warrant’ originates from not taking a seat on the bench in front of the judge.)

An arrest warrant can be issued where the judge considers that a criminal offense has been committed.

Bench Warrant

A Bench warrant is usually issued by a Judge to bring a non-appearing person to court after they have missed their court date. This normally happens when you are supposed to come to court and you miss your court date and the Judge basically issues a warrant for your arrest for your failure to appear. Bench warrants are normally only issued by a Judge if you are being charged with a misdemeanor or felony and you do not appear in court on your scheduled court date.

If you fail to come court to handle your traffic ticket and one of the charges on your ticket is a misdemeanor such as driving on a suspended license (VC 14601.1), you risk having the judge issue a bench warrant for your arrest. (If you look on your ticket and the letter "M" is circled next to the violation that means you were ticketed for a misdemeanor.)

See also what is the difference between a misdemeanor and an infraction.

You can be handcuffed and taken to jail by the police

Bench Warrants can present problems for you if you are pulled over by the police and while checking your record they see a bench warrant for your arrest. A bench warrant allows the police to handcuff you and take you to jail to hold you in jail until you are taken to see the Judge at the courthouse who issued the bench warrant for your arrest.

If there is a bench warrant issued for your arrest please contact us immediately so that we can help you get this warrant recalled. We specialize in helping people with their bench warrants.

Arrest Warrant

An arrest warrant is very similar to a bench warrant in that it can be issued by a Judge or obtained by the police. An arrest warrant is essentially an order to arrest a particular person and bring him or her before the issuing judge. Arrest warrants, just like bench warrants, allow the police to handcuff and take you to jail to be held until you are brought before the Judge.

How you get an arrest warrant after a failure to appear

Under California Vehicle Code section 40509.5(e) an arrest warrant cannot be issued for a violation of Vehicle Code Section 40508(a) Failure to Appear unless one of the following applies:-

  1. The underlying offense is a misdemeanor or felony
  2. The offense relates to an equipment violation, a towing or loading violation, or overweight or oversized violation
  3. The driver has no driver's license
  4. The driver has other pending failures to appear.
In summary, if you miss your court date and one of the above 4 things applies to you, you risk a warrant for your arrest being issued by the court.
 If there is an Arrest Warrant or Bench Warrant or Failure to Appear Warrant out for you in Los Angeles County please call us so we can help you get this warrant removed from the system and help remove any risks of you being taken to jail for your bench warrant or arrest warrant.

Call immediately to speak with a Traffic Ticket Attorney (310) 285-1516. We can help clear the warrant for your arrest in Los Angeles.

Los Angeles Warrant Search

warrant search

Do I have a warrant?

Two methods for checking whether you have a warrant in Los Angeles.  The first method is the best.


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1. Courthouse warrant search

2. Los Angeles Superior Court website - warrant search

Warrants and your drivers' license

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Do bench warrants or arrest warrants show on DMV records in California?

What is a bench warrant?

Failure to go to court when you get a ticket for a misdemeanor violation will result in either a bench warrant or an arrest warrant.


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How you get a Failure to Appear Warrant - FTA 40508a

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The difference between Infractions and Misdemeanors

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Misdemeanors and jail-time

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Do you live out-of-state or out-of-town?

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Do you have a Probation Violation Warrant?

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The best way to handle a bench warrant or arrest warrant

If there is a warrant out for your arrest the best thing to do is take immediate action to clear it up. Not doing anything out of fear is not a good idea. Many times we can go to court for you and clear up the warrant without you having to appear in court at all.


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Will I be arrested if I go to the courthouse with a bench warrant?

Will I go to jail?

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We can go to court with you to protect you

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Warrant Attorney - we can help

We can help clear your arrest warrant or bench warrant or 40508a warrant
We will do everything possible  to keep you out of Los Angeles County jail.

Call us for a free legal consultation with a Los Angeles Warrant Attorney to discuss your options (310) 285-1516.

This website has been created by the Law Office of Pardoe & Associates, Traffic Ticket Attorneys in Los Angeles. We can help with your traffic ticket problems in Los Angeles County, including drivers license problems, DUI, GC Services, warrants, court appearances & more. Call us at (310) 285-1516 for a free legal consultation.

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