If you violate the conditions of you misdemeanor probation or felony probation in the State of California, you will have to attend a probation violation hearing—also known as a probation revocation hearing—before a judge.
Depending on the circumstances of your case, the judge at your probation violation hearing may decide to:
1. Reinstate your probation on the same terms and conditions,
2. Change the terms of your probation to make them more stringent, or
3. Revoke your probation – and send you to jail.
If you find yourself facing a potential probation violation, call the Law Firm of Antonio R. Garcia
Having a warrant hanging over your head can take its toll — emotionally, financially, and legally. Running from the law will often lead to much more severe consequences than you would face if you voluntarily appeared before the court.
There are two types of warrants in the State of California – Arrest warrants and Bench Warrants.
There are two ways that you can get arrested for a crime in this state: first by committing the crime in front of an officer, second via a California arrest warrant.
Once issued, an arrest warrant authorizes law enforcement officers to arrest and detain you.
If you currently have a warrant for your arrest in California, the Law Firm of Antonio R. Garcia can usually bring you directly to court to get the warrant recalled. Once before the judge, we can ask for a bail reduction or an “OR Release,” to keep you out of jail while we answer to the criminal charges.
Bench warrants are just warrants issued from the “bench” also known as the judge.. Unlike an arrest warrant, a bench warrant isn’t issued in response to an alleged crime. Bench warrants are often issued for failing to appear in court, failing to comply with an order of the court, or for failing to comply with some term of probation.
When a California bench warrant is issued, it authorizes law enforcement to arrest you and bring you before the judge. The judge may release you on a warning, or may hold you in custody.
When you fail to obey a court order (such as paying a fine or failing to appear for sentencing), you are considered “in contempt of court.” As a result, having a bench warrant subjects you to a variety of punishment including a probation violation, jail time, fines or a combination of things.
If you have a bench warrant for your arrest, the Law Firm of Antonio R. Garcia can help. We can go with you to court to clear the warrant (i.e., get it “recalled and quashed”). Often we can work with the judge and prosecutor to address the situation that led to the warrant, and keep you out of jail.