Bench warrants can often be the most distressing part of a criminal case. Many times, especially with the myriad of fines and fees, people inadvertently overlook an obligation to the court. A bench warrant is the courts way to enforce its orders. This can be anything from fines due or missed court appearances.

When a bench warrant is issued notice is sent out to the defendant so that he can come in and resolve the problem. It has been my experience in nearly 30 years of practice that a very high percentage of people do not actually receive notice. This may be because they have moved or the address originally used was incomplete. When the defendant is unaware of the warrant he usually gets stopped for a minor ticket and is arrested and bail must be posted. A warrant may also be served on the defendant’s residence but this is less common especially for minor infractions.

The major problem with a bench warrant is that it is usually a probation violation. Whenever a criminal defendant pleads guilty he is usually given probation. Probation can vary from 1 year to 5 years.

When a criminal defendant is ordered to pay a fine or do a program of some kind it is usually a condition of probation. If a condition of probation is not performed the court will violate probation and issue a bench warrant.

Since a defendant has already pled guilty to the underlying charge, guilt cannot be reliltigated for that underlying charge at a probation violation hearing. Unlike regular criminal cases, probation violations are not usually very difficult to prove. In some courts a criminal defendant may plead guilty to an offence and not get jail time, but upon a first probation violation be sent to jail.

When I represent anyone charged with a probation violation in Orange County I immediately appear on the case, usually without my client. Time is of the essence in these cases. It always looks better to the court for an individual to voluntarily appear in court rather than be brought to court in custody. I will then propose a disposition to the court that will allow the defendant to maintain his freedom and the court to clear the probation violation off of its docket.

Whether a case is in Irvine, Westminster, Orange or Fullerton I am familiar with all Orange County courts and how they handle probation violations.