San Diego Outstanding Warrants Attorney

What Is an Outstanding Warrant?

An outstanding warrant is an order from a judge directing law enforcement to arrest you. California has two main kinds: an arrest warrant, which a judge issues after finding reasonable grounds to believe you committed a crime (Penal Code 813 governs warrants on felony complaints), and a bench warrant, which a judge issues under Penal Code 978.5 when you fail to appear in court as required.

Missing court can also be charged as a separate crime under Penal Code 1320 and 1320.5. In many cases a lawyer can bring the warrant back before the court on your terms, rather than waiting for police to serve it at a traffic stop or at your door.

Ignoring a warrant only postpones the arrest. Once a warrant is issued, law enforcement officers are directed to execute it and arrest you. A valid arrest warrant includes:

• Your name
• The crime you are accused of
• The time when the warrant was issued
• The city or county of issuance
• The judge's signature and title
• Court name

Arrest Warrants vs. Bench Warrants in California

California law recognizes two main types of warrants, and knowing which one you have changes how your case gets handled. An arrest warrant, issued under Penal Code section 813, means a judge found probable cause to believe you committed a crime — usually after a detective presented a sworn declaration or a grand jury returned an indictment. You may have no idea the warrant exists until officers show up at your door or pull you over.

A bench warrant is different. Under Penal Code section 978.5, a judge can issue a bench warrant when you fail to appear in court as required: after a judge orders you to appear, after you are released on bail or on your own recognizance with a court date, or after you sign a citation promising to appear. Bench warrants are far more common, and many people in San Diego are walking around with one over a missed court date they forgot about years ago.

Missing court can also be a brand-new crime on top of the warrant itself. If you were released on your own recognizance in a misdemeanor case and willfully fail to appear to evade the court, that is a new misdemeanor under Penal Code section 1320(a), punishable by up to six months in county jail and a fine of up to $1,000. In a felony case, failing to appear is itself a felony: under Penal Code section 1320(b) if you were released on your own recognizance (a fine of up to $5,000 and jail time), and under section 1320.5 if you were out on bail (a fine of up to $10,000 and jail time). Under both statutes, failing to appear within 14 days of the court date can be treated as evidence that you meant to evade the court, and if you were out on bail, the court can also forfeit the bail. Even a missed traffic ticket can trigger a failure-to-appear charge under Vehicle Code section 40508 and a hold on your driver's license.

What an Outstanding Warrant Can Cost You

A warrant is not just a piece of paper sitting in a courthouse file. It is entered into statewide and national law-enforcement databases, which means any routine contact with police — a traffic stop, a TSA checkpoint, even being the witness to someone else's accident — can end with you in handcuffs. Warrants do not expire, and they follow you across county and state lines.

The collateral damage can be just as serious as the arrest. Outstanding warrants show up on many background checks, which can cost you a job offer, a professional license, an apartment application or a security clearance. If you are not a U.S. citizen, an unresolved warrant can create immigration complications. And when you are finally arrested on an old warrant, judges often set higher bail because you now look like a flight risk — the opposite of what you want walking into court.

Should You Turn Yourself In on a Warrant Without a Lawyer?

Many people make the mistake of turning themselves in and attending court hearings without representation. Judges have heard every possible excuse for a missed court date, and a defendant who walks in alone often has a hard time explaining what happened or arguing for release.

An experienced criminal defense attorney can change that. Marc Kohnen presents the reason you missed court, your ties to San Diego, your work and your family, and argues for release on your own recognizance or for reduced bail. He also negotiates with the prosecutor and the court on the underlying case, so the warrant appearance can become the first step toward resolving it.

How Do You Clear a Warrant in San Diego?

The good news: most warrants can be dealt with proactively, on your terms, instead of waiting for a 2 a.m. knock on the door. The first step is confirming exactly what is out there. Marc's office can check San Diego County court records to identify the warrant, the underlying charge, the courthouse that issued it and any bail amount attached to it.

For many misdemeanor bench warrants, California Penal Code section 977 allows your attorney to appear in court for you — meaning Marc can often get a misdemeanor warrant recalled and a new court date set without you ever standing in front of the judge. That matters if you live out of state, can't miss work, or simply cannot risk being taken into custody.

Felony warrants require your personal appearance, but that does not mean you walk in unprotected. Marc arranges the appearance in advance, adds the case to the court's calendar, and walks in with you — whether that's the Central Courthouse on Union Street downtown or the branch courts in Vista, El Cajon or Chula Vista. Arriving voluntarily, with counsel, and with a plan is one of the strongest arguments for release on your own recognizance or reduced bail. Marc has resolved these situations before: in one case, our office had a felony failure-to-appear charge dismissed entirely along with the client's underlying charges.

Defenses and Options After a Warrant Is Issued

Not every warrant is valid, and not every warrant has to end in a conviction. Sometimes the person named in the warrant isn't you — identity mix-ups and clerical errors happen more often than people think. Sometimes you were never properly notified of the court date you supposedly skipped, or the notice went to an old address. If you missed court because of a hospitalization, a family emergency or military service, the judge needs to hear that from an advocate who can document it.

Beyond attacking the warrant itself, Marc looks at the underlying case. If the warrant stems from an old unresolved charge, the passage of time may have weakened the prosecution's evidence — witnesses move, memories fade, and officers retire. In the right case, clearing the warrant becomes the first step toward getting the entire matter reduced or dismissed.

Talk to a San Diego Warrants Lawyer Today

You may have had a legitimate reason for missing court, but leaving the warrant in place only adds to the problem.

Whether it's an outstanding bench warrant or an arrest warrant, Marc can be your voice before the court.

Whatever felony or misdemeanor charge is behind the warrant, the Law Office of Marc S. Kohnen offers personal, aggressive advocacy. Call for a free, confidential consultation.

More on Criminal Defense

• Bail Hearings. The schedule amount is a starting point — reduction, OR release and conditions under PC §1275.
• Probation Violations. PC §1203.2 hearings — no jury, a lower burden of proof, and the suspended sentence back in play.
• Three Strikes. One prior doubles the term, two can reach 25-to-life — and a Romero motion can strike a prior.
• Criminal Appeals. 60 days to appeal a felony, 30 for a misdemeanor — plus habeas where the record cannot reach.

Back to the Criminal Defense overview.