Recalling a Bench Warrant in Rancho Cucamonga

The Law Office of Robert Little regularly seeks to recall warrants at the Rancho Cucamonga courthouse and elsewhere, including San Bernardino and Victorville.

Depending on local procedures, the warrant can be recalled on the same day we make the request.

Several types of warrants can exist; each can be recalled. A bench warrant is a warrant issued by a judge, most often when someone with a criminal case fails to appear in court.

Law enforcement agencies such as the police or the District Attorney can issue a bench warrant when they file charges after a defendant’s arrest and release from custody without a bail bond. Warrants issued by the District Attorney are often called a “Sesslin Warrant” or a “Sesslin Affidavit.”

A Sesslin Warrant is named for the 1968 California Supreme Court case People v. Sesslin. Mr. Sesslin argued that his warrant was invalid. The Supreme Court of California found that a warrant issued by law enforcement can be valid where it is based on facts upon which the magistrate can independently find probable cause to arrest the accused. That is to say, simply filing a complaint or information is not enough; the prosecutor or law enforcement need to provide an affidavit (a sworn writing, signed under oath) to a judge, who then decides whether to issue a warrant.

Having a warrant out against you is a very serious matter. A warrant means police can arrest you at any time, at home, or at work, or during a vehicle stop, and take you to jail. If you are jailed you may need to pay for a bail bond to get out of jail.

At The Law Office of Robert Little, we have developed a time-tested strategy to save our clients from arrest, and, in most cases, save them from having to purchase a bail bond.

In the case of particularly old warrants, we also seek to dismiss the entire case when we recall the warrant. This is because the prosecutor has an obligation to get your case to court within a timely period, even if a warrant was outstanding during that period.

If you have a warrant outstanding against you, it is imperative that you consult with us or another experienced criminal defense attorney in the Inland Empire as soon as possible to avoid imminent arrest.