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Mark L. Deniz, Esq.

Clearing a San Diego County bench warrant. How to protect yourself from a bench warrant in San Diego. Former Prosecutor and Bench Warrant Arrest Warrant Lawyer Bench Warrant Attorney explains

On Behalf of | Oct 19, 2020 | Criminal Defense |

Trying to clear up a warrant on your own

I get the question, “can I go in myself and clear the warrant”? Sure. I have been in the criminal courts since 2003. Sometimes someone can walk in and set the appointment and a few days later they see the judge. Some clerks are nice. Other times, the clerk contacts the sheriff, and someone is arrested. I personally would not risk getting arrested. The key is to contact an attorney who will get your warrant recall on the calendar and cleared as soon as possible. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

Let me give you two examples of warrants being issued in San Diego that illustrate the danger of receiving a warrant.

People move. Never received information. Did not have financial information.

Be proactive. We will discuss how later.

If you are charged with or convicted of a crime and released from custody, or receive a traffic citation, you will likely be ordered to return to court on a specific day and time.

However, if you forget about or ignore the court date, a judge will typically issue a bench warrant for your arrest on a failure to appear (FTA) charge.  You may want to consider other options. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

Probation violations can lead to bench warrants

Bench warrants can happen when people fail to show up for a court date or do not complete their probation terms. Warrants typically result from:

  • Failure to pay a fine
  • Not showing up in court at a specified day and time
  • Failing to enroll in a first-offense DUI course
  • Not completing probation terms, such as counseling or volunteer work
  • Failing to show up for Public Works Service
  • Not providing proof of doing community service work
  • Not showing up for a trial or sentencing
  • Not completing DUI, anger management or other courses

Additional penalties may apply

Any of these violations can result in more time behind bars and enhanced fines. Judges typically have three options when someone violates their probation:

  • Probation is reinstated under the same terms and conditions
  • Probation is modified with new terms and conditions
  • Probation is revoked, and a prison or jail sentence is imposed

Seek experienced legal defense

Living with an active arrest warrant can be stressful. You are under threat of being arrested and taken to jail at any moment. The longer you wait, the more consequences you will likely face. If you are unsure if you have an outstanding warrant, you can quickly check the San Diego County Sheriff’s Department website.

Many people with outstanding warrants over minor probation issues choose not to deal with them, fearing the worst. However, an experienced criminal defense lawyer knows how to deal with these cases and can work with the prosecutor and judge to quickly resolve the situation and, in many instances, have the arrest warrant recalled and reduce or eliminate additional penalties.

Our firm fields a lot of calls concerning warrants. Most often, someone misses showing proof of a class or some other overall small matter. A warrant for your arrest is a scary issue to have hanging over your head. The good news is there are quick solutions to remedy your issue. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County. Do not pay bail and have to show up nor do not try to handle the matter on your own. It is sometimes not worth the risk.

Someone may be notified they have a warrant. It can be a letter from the court. It can be a word the sheriff came by the house. When you get this notice, you want to handle the warrant. The reality is some people can go years after getting a warrant issued. I have also seen people who were picked up and sent to jail with an active warrant for less than 24 hours. You never know. The paperwork may not be from a bail company wanting your money. You may want to consider other options. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

Trying to clear up a warrant on your own

I get the question, “can I go in myself and clear the warrant”? Sure. I have been in the criminal courts since 2003. Sometimes someone can walk in and set the appointment and a few days later they see the judge. Some clerks are nice. Other times, the clerk contacts the sheriff, and someone is arrested. I personally would not risk getting arrested. The key is to contact an attorney who will get your warrant recall on the calendar and cleared as soon as possible. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

Let me give you two examples of warrants being issued in San Diego that illustrate the danger of receiving a warrant.

People move. Never received information. Did not have financial information.

Be proactive. We will discuss how later.

Scenario #1- A guy gets into a fight in Pacific Beach. He gets a citation at the scene to come to court six weeks later. He goes to court and they say his name is not on file. He is told by the clerks that the prosecution will notify him if he needs to go to court. What happened is the prosecution wanted to see the video and after a few months they finally decide to issue charges. The prosecution sends a letter to the guy. The letter gets caught up in his junk mail. A warrant is issued when he does not show up for court.

Scenario #2- A girl pled guilty to a wet reckless charge. A few months later the girl loses her job. As a result, she does not pay her fine that month. As she skips a month in hopes of getting the money together a warrant goes out for her arrest due to non compliance.

These are just a few of several ways a San Diego warrant can be issued on a person. It is a goal of that person to recall the warrant as soon as possible. You do not want to be heading home and get stopped for speeding, only to find you are about to be arrested, car towed, and taken to jail.

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If you do feel you have a San Diego Warrant here is what you do:

1. Check the San Diego Sheriff Website to make sure you have a warrant.

2. Clear up the issue in the warrant as soon as possible.

3. Hire an attorney to clear the warrant.

I will say this….hiring an attorney for the warrant is a good idea. If you go to court yourself to recall the San Diego warrant and the judge denies it or does not like the reason a warrant was issued you can wind up in jail. Now, if you miss a payment for a fine this is unlikely, but the longer the time the warrant was issued and the reason for the noncompliance will likely determine the court’s inclination in recalling warrants. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

When a judge sees a private attorney they know you are serious about ensuring your compliance with the court. I will place some more information below. If you have a warrant do not wait…..act immediately. You may want to consider other options. Contact the Law Offices of Mark Deniz at 858-751-4384 to clear your warrant anywhere in San Diego County.

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