Skip to main content

I have a bench warrant. Will I go to jail if I voluntary surrender

San Jose, CA |
Filed under: Criminal defense

I got pull over by chp on suspend licence. Car got impound. Got my car back but now I got a bench warrant for not appear. Do I go to jail if voluntary surrender

Attorney Answers 2


That depends on the County, the judge, your prior history and other factors. If you just showed up at the sheriff's department, you may go in custody. If you get pulled over for another traffic violation or offense, then you will get put in jail. Your best bet, seriously, is get an attorney. The attorney can put the matter on calendar and oftentimes can go to the Judge directly to get a bench warrant recalled pending your next court date. Do not delay. The longer you wait the more "willful" it becomes.

Mark as helpful

1 lawyer agrees


Get an attorney to represent you. They can put it on calendar and deal with it. It really depends what the underlying offense was- as to whether you would be placed in custody. Your attorney can best advise you.

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics