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ARREST WARRANT vs. BENCH WARRANT. In California, both arrest warrants and bench warrants are orders from a court or judge. Arrest warrants and bench warrants can be Federal or State issued and are executed by law enforcement officer. An arrest warrant is a formal document given to the police, ordering the arrest and detention of a person. An arrest warrant typically will be issued after a Grand Jury indictment or when law enforcement reasonably suspects criminal activity has occurred. In most situations, people are not aware that an arrest warrant exists until the police are in the process of arresting them. A bench warrant, the most common type of California warrant, is an order for the immediate arrest of a person. Typically, bench warrants are issued for failure to appear in court on the date scheduled.

Suspicion of Criminal Activity

Investigation by law enforcement produces reasonable suspicion that criminal activity has occurred. This may include sworn statement by:

District Attorney (DA)
Police officer
Alleged victim

Police obtain a formal document signed by a judge requesting the arrest of a person. Accused may not be aware that arrest warrant exists until police arrive and announce warrant for arrest. Law enforcement officers may arrive at home or workplace to make the arrest. More than one person can be arrested at one time. Those arrested are brought to jail and then to court before the judge. You will be most vulnerable during the arrest; Any statements given to the police can and will be used against you. If you learn about your outstanding arrest warrant, it is important that you consult an attorney immediately.

Failure to Appear in Court

Failure to appear after an indictment (criminal charge) where superior court has fixed a date and place for your appearance.
Failure to appear after your attorney and the judge orders you to personally appear.
Failure to appear and show proof of progress or completion of community service.
Failure to appear after police officer has given you citation.
Failure to appear after you have been released from custody and promised to appear.
Failure to appear for Sentence or Conviction after a plea or trial.

Failure to Satisfy Conditions of a Previous Probation

Failure to pay a fine.
Failure to do community service.
Failure to register as a Narcotics offender.
Failure to complete Sheriff’s Work Alternative Program.
A new criminal complaint is filed while on probation.

WHY YOU NEED AN ATTORNEY. If you believe there is an outstanding arrest warrant or bench warrant for you in California, you are at risk of being arrested by the police and brought to jail or court at any time. Although you do not need an attorney to assist with your warrant, you are at a huge disadvantage if you represent yourself.
ADVANTAGES OF HIRING AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY:

An experienced criminal defense attorney will be able to cancel your warrant and, in many cases, avoid custody.
A skilled criminal defense lawyer, who has handled these types of cases, knows exactly what documents and information the court requires to get a swift resolution.
A good criminal defense attorney knows how to explain to the judge and prosecutor the reason for the warrant.
A knowledgeable criminal defense attorney may convince the court to release you on your own recognizance (O.R. Release, which is your promise to return to court), without posting bail.
Your attorney may also argue for a reasonable bail and arrange for the bail bondsman to be present at court (if bail is required). Theft Offenses