I Missed My Court Date. How Do I Clear a Bench Warrant?

You had a court date on your calendar, but life got in the way. Maybe you forgot, mixed up the date or had an emergency that kept you from appearing.

If you missed your scheduled hearing, you’re not alone — people miss court for many reasons.

Unfortunately, a simple mistake can trigger serious consequences. When you fail to appear (FTA) for a scheduled court date, the judge can issue a bench warrant for your arrest. This “bench” warrant is ordered right from the judge’s seat in the courtroom.

A bench warrant does not mean the police will kick down your door immediately, but it can lead to an unexpected arrest if you get stopped for a traffic violation or have any routine contact with law enforcement.

Worse, it stays on the books indefinitely, meaning you could face arrest at any time until the warrant is resolved. However, you do have options. Acting quickly can help you avoid unnecessary jail time, reduce penalties, and show the court that you’re taking your case seriously.

Whether it was an honest mistake or a scheduling mishap, staying proactive — and possibly enlisting the help of an attorney — can make a big difference.

What is a bench warrant?

A bench warrant is an order for your arrest ordered by the judge, for failing to appear (FTA) in court. The term “bench” stems from the judge’s authority to issue the warrant.

While it is not a criminal charge and law enforcement are not coming to knock down your door, it does mean that they can arrest you if they encounter you, even at something as routine as a traffic stop. The good news is that, when you act proactively, it is likely that you will be able to clear it. 

Firstly, Act Quickly

Ignoring a bench warrant is not a good idea as it may lead to an unexpected arrest at any time. Courts will usually be more favorable if the bench warrant is dealt with as quickly as possible. Bench warrants often don’t have an expiration date, so this means that it remains in your record until you deal with it. 

Please remember that there are penalties for failing to appear (FTA) in court, including potential jail time.

Option 1: Contact the court directly (or even better, get your attorney to do it)

One option is to go ahead and contact the county clerk (or better yet, get your attorney to do it) and explain your situation to them. Each county operates differently in this regard; some county courts will allow you to schedule a hearing to explain your failure to appear, while others may offer you the opportunity to recall the warrant without appearing in courts specifically for that. It all depends on your particular circumstances. 

At this point, it would be of great benefit to you to have an attorney supporting you during the process. Remember that courts are busy and an attorney is usually able to communicate with them more effectively.

Option 2: Turn yourself in

If contacting the court doesn’t offer tangible solutions, you have the option to turn yourself in. This kind of proactive action shows willingness to cooperate, which may be a benefit to you. The process would be as follows:

  1. Call your attorney – It is always advisable to have an attorney with you when you turn yourself in. Your attorney may be able to arrange a “courtesy surrender,” which means you will avoid jail and go directly to court to address the warrant
  2. Prepare for a hearing – The judge may want to understand why you failed to appear for your court date. Be honest and polite and explain your circumstances
  3. Ask to clear the warrant – Your attorney can argue for you, to quash the warrant on the spot and reschedule your case. 

Option 3: Work with an attorney to recall the bench warrant

Often the most effective way to clear a bench warrant is to work with your attorney to recall the bench warrant. An attorney understands the courts and complexities of the system and can offer you a better outcome altogether. Your attorney will:

  1. File a motion to recall the bench warrant – This is a formal request to have the bench warrant cleared by explaining why you missed your court date. 
  1. Request and negotiate another court date – When you are proactive, judges are usually more lenient. Your attorney can negotiate any applicable fees at this point. 

My bench warrant is cleared: What now?

After your bench warrant is successfully cleared, you can proceed with dealing with your original court case. A new court date will be agreed upon.

If you or your loved one has missed a court date, don’t stress, we are here to help you! We can act quickly and swiftly to avoid any unnecessary jail time or additional anxiety around your bench warrant. 

Attorney Robert M. Helfend can walk you through the process to clear your bench warrant as well as getting back to dealing with your overall case in front of the courts. 

Since 1984, Robert M. Helfend has helped thousands of clients obtain favorable verdicts in California. Lead Counsel, SuperLawyers, and the National Trial Lawyers Top 100 have all ranked him as an experienced award winning attorney. For a free case review, give 800-834-6434 a call today.

Published February 25, 2025.