California Failure to Appear Attorney

Understanding Your Rights & Legal Options

When you are issued a traffic ticket, the process seems straightforward. The officer writes it, and you sign it. From there, many people choose to simply pay the associated fine and move on. That signature, however, may be more significant than you realize. In California, you are not simply acknowledging your receipt of that ticket. You are actually signing a promise to appear in court. 

If you do not appear in court on the specified date, you could be charged with a larger crime. The state has no obligation to send you a notice or a reminder of your court date. It contacts you only if the date has changed. 

The Law Offices of Kirk Tarman & Associates is here to help when a simple traffic ticket escalates to a larger, unexpected charge. With over 20 years of experience, we are ready to defend your rights. We don’t believe that a simple misunderstanding or a technicality should rob you of your freedom, and we will work hard to defend you against such injustices.

Missed Your Court Date? Contact Us Now!
A failure to appear charge can lead to serious consequences. Let us help you resolve it before it gets worse. Call now at (909) 658-7341!

Understanding California Failure to Appear Laws

In California, failing to appear in court can lead to serious legal consequences. When you sign a traffic ticket or receive a court order, you are legally promising to appear on the assigned date. If you fail to show up, the court may charge you with a separate offense under California Penal Code §1320 & §1320.5.

Misdemeanor vs. Felony Failure to Appear

• Misdemeanor (PC §1320) – Applies if you were released on your own recognizance and failed to appear for a misdemeanor charge. Punishable by up to six months in jail and fines.
• Felony (PC §1320.5) – Applies if you failed to appear for a felony charge or were out on bail. This can lead to up to three years in prison and additional penalties.

Legal Consequences of Missing Court

• A bench warrant is issued for your arrest.
• You may face additional fines and court fees.
• The court may suspend your driver’s license.
• Failure to appear can affect your criminal record, making future legal issues more severe.

Consequences of a Failure to Appear Charge

Missing court doesn’t just result in legal trouble—it can seriously impact your daily life.

How a Bench Warrant Affects You

• If stopped by police, you can be arrested immediately.
• Your name may appear in law enforcement databases, making background checks difficult.
• The warrant does not expire until resolved in court.

Possible Penalties

• Fines ranging from hundreds to thousands of dollars.
• Jail time depending on whether it’s a misdemeanor or felony.
• Driver’s license suspension, which can affect your ability to work.
• Employment issues, as some employers check for outstanding warrants.

How to Resolve a Bench Warrant for Failure to Appear

A bench warrant won’t go away on its own—you must take action to resolve it.

Steps to Recall or Quash a Bench Warrant

• Appear voluntarily in court to request the warrant’s removal.
• Have an attorney file a motion to quash the warrant.
• Provide valid reasons for missing court, such as a medical emergency.

Avoiding Arrest

• If you voluntarily appear, the judge may be more lenient.
• If arrested, you may face higher bail amounts or even denial of bail.

How an Attorney Can Help

• Negotiate with the court to reduce penalties.
• Appear on your behalf to resolve the case.
• Prevent further charges and help restore your driving privileges.

If you missed your court date, taking action now can prevent further legal trouble.

Failure to Appear Bench Warrants

A bench warrant comes directly from a judge, or their “bench.” If you signed a traffic ticket, unwittingly pledging to appear in court, and you miss that appearance, the judge can order such a warrant. 

These warrants allow any police who interacts with you to arrest you, regardless of anything else happening at that moment. Such an arrest could lead to a misdemeanor charge. These charges stain your record, carry high fines, and could even include jail time. 

 Bench warrants do not expire. For them to go away, a judge must expressly overturn them. 

Recalling a Failure to Appear Bench Warrant 

You have the right to appear before a judge, asking to have your bench warrant removed. We recommend you do this only with legal help. 

Our team can appear with you in court, making a strong case against a failure to appear warrant. Typically, the court must prove that your lack of presence was “willful.” Willfulness implies intent, and there are many ways to argue against such claims.

We may be able to show the court that you simply misunderstood the ramifications of signing your ticket. This is especially true if the officer aggressively demanded that you sign, not allowing you time to properly read the ticket. Young drivers may also be intimidated and quickly sign their tickets, unaware of what signing truly means.

Perhaps an outside circumstance kept you from attending court. If you suffer an illness, injury, or accident, you cannot be expected to meet other obligations. Our team can reconstruct the timeline of your incident, showing the court that you intended to appear but could not. 

Sentencing applies only when the court finds the defendant guilty “beyond a reasonable doubt.” There are many ways we can create doubt in an accusation of willful disobedience. Allow us to put our skills to work for you, keeping from suffering disproportionate consequences for a minor, technical detail.

Felony Failure to Appear

If you miss your court date for a more serious charge, your failure to appear allegation could be a separate felony charge added to your current accusations. This is a serious, urgent situation, and it requires swift action. Our team can help represent you in these situations as well.

Frequently Asked Questions (FAQ) About Failure to Appear in California

What happens if I missed my court date by accident?

• If you missed court due to an honest mistake, it’s important to act quickly. You may be able to resolve the issue before a warrant is issued by contacting the court or hiring an attorney to file a motion on your behalf.

Can I be arrested at home or work for a failure to appear warrant?

• Yes. A bench warrant allows law enforcement to arrest you at any time, including during a routine traffic stop, at home, or even at your job.

Will failure to appear affect my driver’s license?

• Yes. The court can notify the California DMV, which may suspend your driver’s license until the case is resolved. This can make it difficult to work or carry out daily activities.

How long does a failure to appear charge stay on my record?

• A failure to appear charge remains on your record indefinitely unless it is resolved. Bench warrants do not expire, meaning you could face arrest years later if the warrant remains active.

Can I fight a failure to appear charge?

• Yes. If you had a valid reason for missing court—such as a medical emergency, transportation issues, or lack of proper notice—you can argue against willful failure to appear with the help of an attorney.

Do I have to go to court in person to resolve a failure to appear?

• Not always. In many cases, a lawyer can appear on your behalf and request to recall the warrant. This can help you avoid an unexpected arrest.

What if I was never notified about my court date?

• If you never received notice, you may be able to challenge the charge by proving a clerical error or lack of proper service. An attorney can help investigate and present this to the court.

Facing a Bench Warrant? We Can Help!
Don’t risk arrest—our attorneys can work to recall your warrant and protect your record. Call (909) 658-7341 or contact us for legal assistance.