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

San Jose, CA |

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

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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.


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.