What Is a California Warrant?
A warrant is a court order authorizing law enforcement to take a specific action — most commonly to arrest a named individual. California courts issue several types of warrants, and the bail process differs depending on which type applies.
Arrest Warrant
An arrest warrant is issued by a judge based on a showing of probable cause that a person committed a crime. Arrest warrants are typically issued before or at the start of a criminal case — for example, after prosecutors file a complaint or after a grand jury indictment. The bail process depends on the underlying charge, the county, and whether a bail amount has been set.
Bench Warrant
A bench warrant is issued directly by a judge — typically when a defendant fails to appear at a required court date, fails to comply with a court order, or violates a condition of release. Bench warrants authorize law enforcement to arrest the named person at any time and do not expire. In many cases, bail can be posted on a bench warrant.
Probation or Post-Release Warrant
A warrant may be issued when a person is alleged to have violated the terms of probation, mandatory supervision, post-release community supervision (PRCS), or parole. These warrants may result in a hold that affects bail eligibility. The process depends on the supervising agency and the nature of the alleged violation.
Warrant Connected to a New Criminal Complaint
When prosecutors file a new criminal complaint, a judge may issue a warrant for the defendant's arrest rather than a summons. This type of warrant is tied to the new case and its associated bail schedule. Bail eligibility and the amount depend on the specific charge and any prior history.
Common Reasons a Warrant May Be Issued
The following are illustrative examples of circumstances that may lead to a warrant. Each situation depends on the specific facts, the court, and applicable law.
Missing a required criminal court appearance
A person accused of a crime who fails to appear at a scheduled hearing may have a bench warrant issued. The court may also forfeit any bail that was previously posted.
Allegedly violating probation or release conditions
If a person on probation, mandatory supervision, or another form of supervised release is alleged to have violated a condition, the supervising court may issue a warrant.
Failing to complete a court-ordered requirement
A court may issue a warrant when a person fails to complete a court-ordered program, pay a fine, or satisfy another condition imposed as part of a sentence or plea agreement.
A judge issuing a warrant after prosecutors file a case
When a new criminal complaint is filed, a judge may issue an arrest warrant rather than a summons, particularly if the person is not already in custody.
A warrant being discovered during a traffic stop
Law enforcement routinely checks for outstanding warrants during traffic stops. A person may be unaware that a warrant exists until it is discovered in this way.
A defendant being ordered into custody at court
A judge may order a defendant taken into custody at a court hearing — for example, after revoking bail or finding a violation. This may result in a new bail determination.
What Can Happen After a Warrant Is Issued?
Once a warrant is issued, law enforcement may arrest the named person at any time — at home, at work, during a traffic stop, or at a court appearance. After arrest, the person is typically booked into custody and held until bail is set or a court appearance is scheduled.
If bail was previously posted and the defendant failed to appear, the court may order bail forfeited. The bail bond company is then notified and given a period to return the defendant to custody before the forfeiture becomes final.
A failure to appear may also result in additional allegations. Under California Penal Code, a willful failure to appear can potentially become a separate criminal charge:
PC §1320 and PC §1320.5 — Failure to Appear
- PC §1320 — A willful failure to appear while released on a misdemeanor charge may be charged as a separate misdemeanor. In qualifying felony cases, a willful failure to appear may be charged as a felony, with a possible fine up to $5,000.
- PC §1320.5 — Applies to certain felony defendants released on bail. A willful failure to appear may be charged as a felony, with a possible fine up to $10,000 and possible custody. Not every missed appearance automatically results in a separate conviction — the facts, intent, and circumstances of each case determine whether a separate charge is filed and what the outcome may be.
After a warrant arrest, a judge will review bail at arraignment. The court may set bail, modify a prior bail amount, impose additional conditions, or deny bail depending on the circumstances. The actual charge, bail decision, and outcome depend on the facts and court orders.
How a Voluntary Warrant Surrender May Work
Procedures for turning yourself in on a warrant vary by county, court, and the type of warrant. In some counties, a person may be able to surrender at a specific facility or appear directly at court. In others, the process is different. Consulting an attorney before surrendering is advisable.
A bail agent may help prepare the bail bond paperwork in advance when bail is permitted, so the bond can be posted as quickly as possible after booking. However, a bail agent cannot recall a warrant, guarantee release, prevent an arrest, or predict how the court will rule on bail. The court controls all bail decisions.
- Contact Post It Bail Bonds before turning yourself in
- We review available warrant and bail information
- We prepare the bail bond agreement in advance when bail is permitted
- Bond is posted as soon as the facility accepts it
- We explain all costs and obligations before any bond is posted
Information to Have Ready
Having the following information available helps Post It Bail Bonds locate records and prepare the bond more quickly. Provide as much as is known — not all fields are required to start the process.
PC §1275.1 — Source-of-Bail Hearing
Under California Penal Code §1275.1, a court may place a hold on a bail bond if it has reason to believe the bail funds may be derived from illegal activity. This hold requires a hearing before the bond can be accepted. If a §1275.1 hold applies to your situation, contact Post It Bail Bonds for guidance on the process.