These Tips are meant to address what many people ask when they have a Bench Warrant issued for their arrest (typically due to Failing to Appear in court on criminal charges, even traffic tickets, filed against them); Violation of one or more terms of their probation, or both.


1.   DIY Pitfalls

There's an old expression, "You can do things the easy way or do it the hard way". Going to court yourself trying to handle a BW (Bench Warrant) issued for your arrest, VOP (Violation of Probation) with a BW to soon follow, or both, will take up a lot of your time, possibly cost you your job and potentially lead to avoidable jail time with a skilled criminal defense lawyer.


2.  Sit and Wait

If you choose to DIY, arrive at court before 7:30 a.m. After passing the security checkpoint, go to the Criminal Clerk’s Office, and wait or check with paperwork showing where to go. You wait in the court room until your case is “pulled” and given to the judge, which could take hours. Sometimes the judge will get to your case before noon and often it will be put on the afternoon calendar. You'll get the opportunity to tell the Judge why you are there and what you want to accomplish. The Judge will already know (or his courtroom clerk will direct his attention) that you have 1 or more BW (bench warrants) for your arrest and/or being in (VOP) Violation of Probation.


3.  Posting Bail

If the Judge is in a good mood, he (or she) will allow you to enter a plea and then set bail. Why bail? Because you will be viewed as a flight risk if you already have an FTA (Failure to Appear) that resulted in the BW being issued and/or you are already VOP and probably won't complete whatever term of probation unless he can make you come back and show proof of completion. An attorney will have wired this with a bondsman who will meet in the courtroom.


4.  Custody?

If you don't have bail lined up beforehand through a bail bondsman, as lawyers would recommend, the Judge will order one of the Marshals/Bailiffs to take you into custody and set a Trial Readiness Conference after appointing a PD (Public Defender), if you are income eligible. If you can’t "make bail" you may lose your job while you are in County Jail awaiting a disposition on the BW/VOP charge(s).


5.  Arm Twisted to Plead Out

Upon returning to court (after cooling your heels in county jail), the PD, who won't know you, will "assist" you by telling you what the DA's offer is and proceed to twist your arm to accept it. Or you can think it over...remaining in county jail until your next court date. When you finally get tired of this routine, most people end up pleading guilty to 1 or more of the charges even though you may have a valid defense. About the only good thing that emerges out of this is that you'll get CTS (Credit for Time Served) which will be applied to the the sentence imposed against you on the BW/VOP.


6.  Hiring a Criminal Defense Attorney Instead

A skilled defense attorney can appear for you on a misdemeanor, and enter a NG (Not Guilty) plea on your behalf without you having to be personally present so you can keep your job. S/he gets the Judge to recall the warrant; set a bail reduction hearing if bail is excessive; gets copies of the criminal complaint and discovery turned over by the DA and reviews same with you, while explaining potential defenses; and asking the court to set a convenient TRC date to "turn yourself in".


7.  Who to Hire?

Certainly not a TV/Billboard advertising lawyer. Your defense attorney, should contact the DA's office and twist their arm to get the best possible deal for you. But, don't be surprised that many attorneys don’t do anything between hearings, while telling you they're "working on it" and continue court hearings after court hearing, until you're bled dry and can't afford them anymore and then they'll drop you like a hot potato.


8.  Better Deal/Get on With Your Life

In the long run retaining a criminal defense lawyer will likely get a better plea bargain offer, often with no jail time and reinstatement on the original terms of your probation, keep your job, so you are able to pay your mortgage/rent, car payment, other bills, etc. as well, of course, your lawyer.


9.  You Don't Have to Live in Fear

Tired of “Black and White Fever” looking over your shoulder every time you see a police car/officer thinking to yourself, "Is the the day I get pulled over and arrested" Retain a good criminal defense lawyer BEFORE that day comes. It's not a question of IF, but rather WHEN you get taken into custody. Incidentally, if you get pulled over on a routine traffic stop, your car will be impounded costing hundreds if not thousands of dollars to get out of impound. Yet another reason to hire a criminal defense lawyer to clear the "wreckage of your past" before things get out of control. The longer you wait, the harsher the sentence.


10.   Your Choice!

You can either DIY or hire a skilled criminal defense attorney, experienced with a proven track record of success handling cases that have gone to warrant, VOP or both. Choose wisely!
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