What Happens When You Turn Yourself In For An Arrest Warrant?
Discovering you have an outstanding warrant can be stressful, to say the least. The first question most people have is, “What do I do now?”
When it comes down it, you really have three options:
- Wait to be arrested,
- Try to resolve the matter quietly, or
- Take the proactive step of turning yourself in.
While turning yourself in is often the best way to regain control of the situation, it’s not a decision to take lightly.
Before you act, there are important factors to consider, such as what to expect during the process, how to minimize time in custody, and how proper preparation can protect your rights.
Understanding the steps ahead will help you make informed choices and ensure the best possible outcome for your case.
What is an arrest warrant?
An arrest warrant is a legal document issued by a judge that authorizes law enforcement to arrest a specific individual.
Arrest warrants are typically issued after probable cause is established that a person has committed a crime. Common reasons for warrants include failing to appear in court, violating probation, or being suspected of an offense.
Arrest warrants don’t expire. If left unaddressed, they can lead to unexpected and embarassing arrests during routine traffic stops, employment background checks, or even travel screenings.
Taking action to resolve a warrant is the first step in regaining control over the situation.
Is it better to turn yourself in?
As we mentioned at the beginning of this guide, your options essentially are to wait to be arrested, resolve the issue quietly, or turn yourself in.
Each approach has its implications.
Waiting to be arrested may seem like the easiest option, but it can lead to unexpected complications. Arrests often happen at inconvenient times — during work, at home, or even in public — causing unnecessary embarrassment and stress.
Similarly, trying to resolve the warrant quietly, such as negotiating with the court on your own, may not be feasible without legal guidance, especially if the warrant has already been entered into law enforcement databases.
Voluntarily surrendering, on the other hand, allows you to take control of the situation. Turning yourself in demonstrates responsibility and may positively influence how judges and prosecutors view your case.
It also gives you the chance to plan ahead, coordinate with an attorney, and minimize potential disruptions to your personal and professional life. By choosing when and how to surrender, you can mitigate the uncertainty and stress associated with being arrested.
What happens after you turn yourself in?
When you turn yourself in, the arrest and booking process begins. Here’s what you can expect:
- Arrest and custody – You will be taken into custody and informed of your rights.
- Booking- During booking, your personal information will be recorded, and you’ll undergo fingerprinting, a mugshot, and possibly a search.
- Initial appearance or bail hearing – You’ll appear before a judge, who will review your case and determine bail if necessary. For low-level offenses, you may be released on your own recognizance (ROR), which means you agree to return to court without posting bail.
The process varies based on the charge and jurisdiction but is generally straightforward if you’ve prepared properly.
What is the best time to turn yourself in?
Timing is crucial when turning yourself in. Arriving at a detention facility or court during weekday business hours gives you the best chance of being processed and appearing before a judge the same day. This minimizes the time you spend in custody.
Avoid turning yourself in late in the day, on weekends, or during holidays, as this can result in delays and potentially keep you in jail longer than necessary.
Consulting with an attorney who knows the nuances of local detention facilities beforehand can help you select the best time and location for your surrender.
What should you do before turning yourself in?
Preparation is key to reducing stress and ensuring a smooth process. Before turning yourself in, take the following steps:
- Consult an attorney – Speak with a criminal defense lawyer to understand your rights, discuss potential outcomes, and receive guidance on the process.
- Coordinate your affairs – Make arrangements for work, family, or personal responsibilities, such as child care or bill payments.
- Bring necessary documents – Carry identification and any relevant paperwork, such as proof of bail arrangements or correspondence from your attorney.
- Check your belongings – Ensure you don’t carry any prohibited items, such as weapons or drugs, which could lead to additional charges.
- Plan for bail – If bail is likely to be required, arrange funds or coordinate with a bail bondsman in advance.
Taking these steps puts you in a stronger position and helps you focus on resolving the warrant quickly.
Get legal help
Turning yourself in for a warrant is a significant step, and having the right legal guidance can make all the difference. An experienced attorney can advocate on your behalf, help reduce your time in custody, and work toward the best possible outcome for your case.
Ventura defense attorney Robert M. Helfend has over 40 years of experience helping clients navigate the legal system and resolve warrants effectively. If you’re facing an active arrest warrant or criminal charges, contact us today for a free consultation and let us help you take control of the situation. Call 805-273-5611 for a free case review.
Published December 21, 2024.
Sources
- California Penal Code § 813. https://codes.findlaw.com/ca/penal-code/pen-sect-813/
- California Penal Code § 836. https://codes.findlaw.com/ca/penal-code/pen-sect-836/
- California Penal Code § 851.5. https://codes.findlaw.com/ca/penal-code/pen-sect-851-5/
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:
- 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
- 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
- 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:
- 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.
- 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.
Contact Robert M. Helfend for legal help today
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 805-273-5611 a call today.
Published February 25, 2025.
Sources
- California Penal Code § 978.5. https://california.public.law/codes/penal_code_section_978.5
- Federal Rules of Criminal Procedure Rule 4. https://www.law.cornell.edu/rules/frcrmp/rule_4
- Federal Rules of Criminal Procedure Rule 9. https://www.law.cornell.edu/rules/frcrmp/rule_9
How Long Do You Have to Turn Yourself in After a Warrant in California?
Discovering there’s a warrant out for your arrest can be a frightening and stressful experience. Perhaps you missed a court date, violated a probation condition, or learned that you’re being sought by law enforcement in relation to a criminal investigation.
Whatever your situation, you’re likely wondering: how long do you have to turn yourself in after a warrant has been issued in California?
In California, the law does not specify a particular deadline for turning yourself in once a warrant has been issued.
However, it’s critical to handle the situation promptly. The longer you wait, the higher the risk of unexpected arrest, increased penalties, or additional legal complications.
Types of warrants in California
Knowing exactly what kind of warrant you’re facing can help you better understand your situation and what steps to take next:
- Arrest warrants – These warrants are issued when law enforcement has probable cause to believe you committed a specific crime. An arrest warrant empowers police officers to take you into custody immediately, regardless of your location.
- Bench warrants – These warrants originate directly from a judge, usually because you’ve failed to appear in court, didn’t comply with a court order, or violated terms of probation. Like arrest warrants, bench warrants allow police to arrest you on sight and bring you before the court.
Consequences of ignoring a warrant
Ignoring an outstanding warrant in California carries significant risks:
- Unexpected Arrest – Police can arrest you at home, work, or during routine activities like a traffic stop, causing considerable embarrassment and disruption.
- Additional Charges – If you avoid addressing the warrant, prosecutors might add charges such as “failure to appear,” which come with their own penalties.
- Increased Bail or Bail Denial – Courts often interpret delays in resolving a warrant as evidence of flight risk, leading to increased bail or even denial of bail altogether.
How to resolve an outstanding warrant in California
To resolve a warrant promptly and effectively:
- Consult a Criminal Defense Attorney Immediately – An experienced lawyer can provide specific guidance and potentially arrange a voluntary surrender, minimizing disruption and detention time.
- Voluntary Surrender – Voluntarily turning yourself in demonstrates responsibility to the court. Your attorney can coordinate the best timing and circumstances for surrender.
- Prepare for Your Court Date – Your attorney will help you organize essential documentation and develop a strategic defense to address the underlying issues that triggered the warrant.
How Ventura Attorney Robert M. Helfend can help
If you’re facing an outstanding warrant in Ventura or the surrounding areas, Ventura attorney Robert M. Helfend has extensive expertise in California criminal defense law. He can assist you in navigating the complexities of warrants, arranging a voluntary surrender, and effectively representing you in court to achieve the best possible outcome.
Even though California law does not enforce a strict timeframe to turn yourself in after a warrant is issued, acting swiftly is crucial. Ventura attorney Robert M. Helfend offers knowledgeable and experienced representation to protect your rights and freedom. Don’t wait for law enforcement to take you by surprise — call today at 805-273-5611 for a confidential, free consultation.
Published March 15, 2025.
Sources
- California Penal Code § 813. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=813.
- Federal Rules of Criminal Procedure Rule 4. https://www.law.cornell.edu/rules/frcrmp/rule_4
- Federal Rules of Criminal Procedure Rule 9. https://www.law.cornell.edu/rules/frcrmp/rule_9
How Do I Know If I Have A Federal Arrest Warrant?
When investigating a federal crime, law enforcement agencies will keep details of the investigation secret for months or even years until they’ve gathered enough evidence against a suspect to make an arrest.
For anyone who suspects that they might be under investigation by federal law enforcement, this can mean not knowing for sure that they are under investigation until the U.S. Marshals are knocking at their door.
If you have any reason to believe that you might be under federal investigation or that you might have a federal arrest warrant, the best thing you can do is contact a federal defense attorney as soon as possible. Your attorney can help you understand what you may be up against, advise you on what to do next, and help ease your stress.
How do I know if I have a federal arrest warrant?
A federal arrest warrant is issued by a judge when a law enforcement agency like the FBI, ATF, or DEA have gathered enough evidence in an investigation against someone to make an arrest.
Once the federal magistrate has issued the warrant, United States Marshals are sent to apprehend the suspect and take them into custody.
Federal arrest warrants are stored in a database known as the U.S. Marshal’s Service Warrant Information System (WIN). Warrants, court records, and internal documents for federal cases are all stored in the WIN. The WIN is not publicly available; therefore, it is not possible to search the WIN in order to find out if you have a federal warrant. Most often, it is not until United States Marshals arrive at a person’s residence or workplace to arrest them that they find out that they have a federal warrant.
However, a few ways that you might find out about a warrant ahead of time might be:
- A letter from the court notifying you of the warrant
- Someone close to you, such as a relative or associate, is arrested or contacted by U.S. Marshals
- You are not at home or at work when U.S. Marshals arrive to arrest you
What to do if you have a federal arrest warrant
If you find out that you have a federal arrest warrant before the U.S. Marshals attempt to arrest you, you should:
- Retain a federal criminal defense attorney
- Have your attorney contact the U.S. Marshal’s office and arrange a time and place for you to surrender
- Surrender to U.S. Marshals at the agreed upon time and place
Surrendering to U.S. Marshals is preferable to waiting for them to make the arrest in a few ways. First, it prevents the stress and negative ramifications of having them appear at your home or workplace. It also allows your attorney to schedule an initial appearance and detention hearing with the U.S. Attorney, which means that you will spend less time in custody and will have the earliest possible opportunity to argue for bail.
Hire the right federal defense attorney to represent you
If you have an outstanding federal arrest warrant, you’ll want to hire an attorney to represent you right away. However, not all federal defense attorneys are alike, and it is worth making sure that you hire the right attorney for you and your situation. It is common for attorneys to offer a free initial consultation before you secure them as your legal counsel. The consultation is a great opportunity to find out if they:
- Have experience representing cases similar to yours. Federal cases can cover a wide variety of offenses from drug trafficking to mail fraud. Has the attorney successfully represented clients charged with the same offense?
- What is their communication style? Do they explain things clearly? Are they easy to get a hold of? What forms of communication do they use to stay in contact with their clients?
- How dedicated and aggressive are they when it comes to handling federal cases? How much time do they have to dedicate to individual clients? Do they have a competent team working with them? Are they proactive in defending your rights?
The federal government’s pursuit of criminal cases is notoriously aggressive. As a federal criminal defense attorney who has been practicing since 1984, Robert M. Helfend is just as aggressive and steadfast when it comes to defending your rights and fighting for your freedom. Based in Ventura and the Los Angeles area, he has been named on the National Trial Lawyers Top 100, SuperLawyers and Lead Counsel. Call today for your free consultation – 805-273-5611.
Sources
- Federal Rules of Criminal Procedure Rule 4. https://www.law.cornell.edu/rules/frcrmp/rule_4
- Federal Rules of Criminal Procedure Rule 9. https://www.law.cornell.edu/rules/frcrmp/rule_9
- California Penal Code – PEN, TITLE 3, CHAPTER 4. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=3.&part=2.&chapter=4.&article