Have a Warrant in Riverside or San Bernardino County?

A bench warrant comes from a judge when someone misses a required court date, for example after being released on bail, on their own recognizance or with a citation and a promise to appear (PC 978.5). An arrest warrant can be issued when a criminal complaint is filed and the judge orders the person arrested rather than summoned to court (PC 813, 1427), or, before charges are filed, when a judge finds probable cause in an officer’s sworn statement, often called a Ramey warrant (PC 817). A judge can also issue a warrant when someone on probation is accused of violating it (PC 1203.2).

A lawyer can check the court’s records for you without you being taken into custody. The Riverside and San Bernardino Superior Courts have online case searches, but they may not show every warrant. Going to a police station or jail to ask can lead to an arrest on the spot, so it is safer to have a lawyer check first.

Often, yes. In most misdemeanor cases, a lawyer can appear for you (PC 977), ask the judge to recall the bench warrant and get a new court date, often without you being taken into custody, although the judge can still require you to come to court in person or to complete booking. If the charge involves domestic violence or violating a protective order, you must be in court yourself for the arraignment and sentencing, and in a DUI case the judge can order you to appear.

In a felony case, you must be present for the arraignment and other key hearings. A lawyer can often put the case back on the court’s calendar so you can walk into the courthouse with your lawyer and ask the judge to recall the warrant, instead of being picked up. The judge decides whether to recall the warrant, what bail or release terms to set and whether you are taken into custody, so no one can promise the result, but coming in voluntarily with a lawyer can weigh in your favor.

You can be arrested on the spot, whether at a traffic stop, at home or at work. On some misdemeanor warrants, officers can instead release you with a new written promise to appear (PC 827.1), but not if, for example, the charge involves violence or the warrant says citation release is not allowed. Otherwise you are booked into the county jail and wait to post the bail set on the warrant, be released or see a judge, which can take days over a weekend or holiday. An arrest for a felony can happen at any time of day or night; an arrest for a misdemeanor generally cannot be made between 10 p.m. and 6 a.m. unless it is in a public place or the warrant allows a night arrest (PC 840).

No. A warrant stays active until it is served or a judge recalls it, even years later. It can surface at a traffic stop, during a background check or when you deal with another agency. The longer it sits, the more a missed court date can grow into a new charge, a forfeited bail bond or a harder argument for release.

If you were out on bail and missed court without a good reason, the judge declares the bail forfeited (PC 1305). If you appear in court, on your own or after an arrest, within 180 days of the forfeiture, or of the mailing of the forfeiture notice when one is required, the court sets the forfeiture aside and exonerates the bond, and the judge can sometimes reinstate the same bond. Your bail agent can also look for you during that time. Getting back to court quickly protects whoever posted the bail.

Yes. Willfully missing court to evade the case is a separate crime. If you were released on your own recognizance, it is a misdemeanor on a misdemeanor case and a felony on a felony case (PC 1320); if you were out on bail on a felony case, it is a felony (PC 1320.5). Missing court for more than 14 days can be used as evidence that you meant to evade. For a citation, willfully breaking a written promise to appear is a misdemeanor (PC 853.7, and VC 40508 for traffic tickets). A real reason for the missed date, raised quickly, helps.

If the court believes you violated probation, it can revoke probation and issue a warrant, which stops the probation clock until the matter is resolved (PC 1203.2). These warrants often carry no bail or a high bail until you see the judge. A lawyer can often arrange a court date, explain what happened and ask the judge to reinstate probation. Our probation violations page covers the hearing and the possible penalties.

Yes. A warrant from Riverside, San Bernardino or any other California county can show up anywhere in the state. If you are arrested on an out-of-county warrant, you may be held until that county picks you up, unless you can post the bail on the warrant. For a case involving only misdemeanors, the judge must release you on your own recognizance unless public safety or your return to court would be at risk (PC 1270).

Talk to a lawyer first. Walking into a jail or police station on a warrant usually means being booked and held until bail is posted or a judge sees you. A lawyer can often find out the bail on the warrant, arrange a court date instead, line up a bail bond in advance if one is needed and go to court with you, which can help you avoid a jail stay.