Penal Code § 853.8 PC - Bench warrants for failure to appear
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1. What is Penal Code § 853.8 PC?
Penal Code § 853.8 PC Law Reads As Followed:
“When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or within 20 days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear.”
2. What Are Examples of Penal Code § 853.8 PC?
Under California Penal Code § 853.8 PC, a judge is required to issue a bench warrant when a person fails to appear in court after signing a written promise to appear and has not posted bail. The warrant must be issued within 20 days of the missed court date.
This law helps ensure that defendants who receive misdemeanor citations and promise to appear in court actually follow through. However, there are many everyday situations where someone can unintentionally violate this law.
At Grace Legal Group, our Los Angeles criminal defense attorneys explain what this law means, what happens when you miss court, and provide real-world examples of how Penal Code § 853.8 PC applies.
Examples of Penal Code § 853.8 PC Violations
Below are common examples that show how someone can violate PC 853.8—often without realizing it.
Example 1: Forgetting a Court Date After Signing a Citation
Maria is stopped for driving with a suspended license. Instead of taking her into custody, the officer issues her a misdemeanor citation and asks her to sign a promise to appear in court in 30 days. Maria forgets the date and doesn’t show up.
Because she signed a promise to appear and didn’t post bail, the court must issue a bench warrant within 20 days of her missed court date.
Even though Maria didn’t intentionally skip court, she now has an active warrant under Penal Code § 853.8 PC.
Example 2: Failing to Appear After a Continuance
David is charged with misdemeanor shoplifting. He’s scheduled for arraignment but asks the judge for a continuance, postponing his appearance by two weeks. When the new date arrives, he still doesn’t show up.
The judge is required to issue a bench warrant within 20 days of David’s second missed court date. His failure to appear after a granted continuance directly triggers PC 853.8.
Example 3: Signing a Promise to Appear for a DUI and Not Showing Up
Tina is arrested for misdemeanor DUI and released from custody after signing a written promise to appear for her arraignment. She doesn’t post bail. When she fails to appear in court, the judge must issue a bench warrant under PC 853.8.
This is a common example of how people face warrants after DUI arrests when they assume their attorney will handle the hearing but no appearance is actually made.
Example 4: Failing to Appear for a Petty Theft Citation
Anthony is cited for petty theft at a department store and signs a written promise to appear in court on a specific date. He later moves to a new address and never receives the court reminder letter. When he fails to appear, a bench warrant is automatically issued within 20 days.
Even though the missed appearance was accidental, the warrant remains active until Anthony or his attorney files a motion to quash.
Example 5: Skipping Court After a Traffic Misdemeanor
Rebecca is cited for misdemeanor reckless driving and signs a promise to appear. She doesn’t show up because she assumes it’s just like a regular traffic ticket she can pay online.
Since reckless driving is a misdemeanor, not an infraction, her failure to appear leads to a mandatory bench warrant under PC 853.8.
If she’s later pulled over, she will be arrested and taken directly to court.
Example 6: Not Showing Up After Being Released on Recognizance
Sam is charged with misdemeanor vandalism and is released on his own recognizance (O.R.), agreeing to return for his court date. When he fails to appear, the court must issue a bench warrant under PC 853.8 within 20 days of the no-show.
3. What are Common Defenses Against Penal Code § 853.8 PC?
In California, Penal Code § 853.8 PC authorizes courts to issue a bench warrant for a person who fails to appear in court after signing a written promise to appear and has not posted bail. The judge must issue this warrant within 20 days of the missed court date (or 20 days after a granted continuance).
However, not every missed appearance is a willful act of defiance. Life circumstances, court errors, or simple misunderstandings can lead to an unintentional failure to appear (FTA). Fortunately, there are several legal defenses that can help fight a bench warrant and prevent additional penalties.
Common Defenses Against Penal Code § 853.8 PC
Each case is different, but there are several recognized legal defenses that can be used to fight a bench warrant for failure to appear. These defenses aim to prove that your absence was not willful, or that the court made a procedural mistake.
1. Lack of Willful Intent
To be found guilty under PC 853.8, your failure to appear must be willful—meaning you intentionally chose not to attend court.
If your absence was accidental, unavoidable, or due to misunderstanding, your attorney can argue that you did not act willfully.
Examples:
You misread or misunderstood the court date.
You thought your attorney was appearing on your behalf.
You were given conflicting information about the appearance.
Without proof of willful intent, the prosecution’s case becomes weak.
2. Lack of Proper Notice
In many cases, people miss court simply because they never received a notice about the appearance.
If the court or law enforcement mailed the notice to the wrong address or failed to notify you properly, this can be a valid defense.
Example:
You moved after being cited and never received the mailed court reminder. Since you were unaware of your court date, your failure to appear cannot be considered willful.
Your attorney can present evidence of address changes, returned mail, or postal records to show lack of proper notice.
3. Emergency or Unavoidable Circumstances
Unexpected emergencies can legally excuse a missed court date. If you were physically unable to appear because of an illness, accident, or family emergency, your attorney can file documentation to prove the reason.
Examples:
You were hospitalized or undergoing surgery.
A family member suffered a medical emergency.
You were in an accident or faced natural disaster–related travel issues.
Judges often recall bench warrants when defendants show credible evidence of emergency situations, such as hospital records or medical notes.
4. Court or Clerical Error
Sometimes, a court or clerical mistake can lead to a bench warrant being issued improperly.
Examples:
The court misfiled your appearance as a “no show.”
A hearing date was changed, but you weren’t notified.
The court failed to record your request for a continuance.
In these cases, your defense attorney can file a motion to quash the warrant and provide documentation proving that the failure to appear was due to administrative error, not your fault.
5. Attorney Appeared on Your Behalf
In many misdemeanor cases, your attorney is legally allowed to appear for you in court. If your lawyer was present on your behalf, but the court still issued a warrant, it can be recalled immediately.
Example:
Your attorney appeared in court to continue your case, but the clerk failed to record their appearance. This error can be corrected by showing proof of representation and appearance logs.
6. You Were In Custody or Detained Elsewhere
If you were incarcerated or detained in another jurisdiction when your court date occurred, you couldn’t have appeared voluntarily.
Your lawyer can submit booking records or jail documentation showing you were in custody during the missed court date—proving your absence was beyond your control.
7. You Took Immediate Action to Resolve the Warrant
Even if you missed court, voluntarily contacting a defense attorney and taking steps to recall the warrant shows good faith.
Courts are often lenient when defendants act quickly to fix the issue. Your lawyer can use this to demonstrate that you never intended to evade the court process, which can help reduce or dismiss the related FTA charge.
8. Lack of a Signed Promise to Appear
If the prosecution cannot prove that you actually signed a written promise to appear, the requirements of PC 853.8 are not met.
Without your signature, the court’s authority to issue a warrant under this statute may not apply.
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4. What are The Penalties for Violating Penal Code § 853.8 PC?
When someone fails to appear in court after signing a written promise to appear for a misdemeanor and hasn’t posted bail, California Penal Code § 853.8 PC requires the court to issue a bench warrant for their arrest.
While PC 853.8 itself does not list direct criminal penalties, the consequences that follow—including arrest, possible jail time, fines, and additional charges—can have a major impact on your life, employment, and record.
Bench Warrants Under Penal Code § 853.8 – What They Mean
A bench warrant is an official court order for your arrest, issued directly by a judge. It typically results from missing a required court date for a misdemeanor offense.
Once issued, the warrant:
Is entered into California’s statewide law enforcement database,
Authorizes any police officer to arrest you, and
Can lead to driver’s license suspension and additional criminal charges.
Even minor cases—like traffic-related misdemeanors or petty theft—can lead to serious consequences once a warrant is active.
The Primary Penalties for Violating Penal Code § 853.8 PC
Although PC 853.8 only governs the process of issuing a bench warrant, the failure to appear itself and the outstanding warrant carry multiple legal and practical penalties.
Below are the main consequences you could face if you violate Penal Code § 853.8 PC.
1. Arrest and Detention
Once a bench warrant is active, law enforcement can arrest you at any time—during a traffic stop, at your home, or even at work.
After your arrest:
You will be booked into custody,
The judge may set bail (often higher than before), or
You may be required to remain in jail until your court hearing.
If your failure to appear occurred in a misdemeanor case, you could also face additional charges under Penal Code § 853.7 PC, which makes FTA a separate misdemeanor offense.
2. Additional Criminal Charges
When you fail to appear after signing a promise, prosecutors may file new charges under related statutes, including:
Penal Code § 853.7 PC – Failure to appear after signing a written promise (misdemeanor)
Penal Code § 1320 PC – Failure to appear after release on your own recognizance (misdemeanor or felony)
Penal Code § 1320.5 PC – Failure to appear while out on bail (felony)
Penalties under PC 853.7 include:
Up to six (6) months in county jail, and/or
A fine up to $1,000.
If the original case was a felony, the failure to appear can also be charged as a felony, carrying:
Up to three (3) years in county jail or state prison, and/or
A fine up to $5,000 to $10,000.
3. Driver’s License Suspension
If your failure to appear involved a traffic-related misdemeanor or citation, the court can notify the California Department of Motor Vehicles (DMV). The DMV may then:
Suspend your driver’s license, or
Refuse to renew your license until the warrant is cleared.
This suspension can last 30 days or more, depending on the nature of the case and whether you resolve the warrant promptly.
If you were previously out on bail, failing to appear can result in automatic bail forfeiture.
This means:
You lose the entire bail amount.
The bondsman can seek repayment from you or seize collateral.
Courts may impose stricter bail conditions in the future.
5. Increased Bail or Denial of Release
Judges take missed court appearances seriously. Once you’re arrested or appear voluntarily, the court may:
Increase your bail amount, or
Deny release on your own recognizance (O.R.) in future proceedings.
This means even minor cases can result in higher financial penalties or longer jail stays.
6. Negative Impact on Your Criminal Record
An active or past bench warrant can:
Appear in background checks,
Affect future court proceedings,
Lead to harsher sentencing in later cases, and
Damage professional licensing or immigration status.
Employers and licensing boards often view failure to appear as a sign of unreliability or disregard for legal obligations, making it vital to resolve the matter quickly.
7. Civil and Financial Consequences
In addition to criminal penalties, unresolved bench warrants can have civil consequences:
You may face collection actions for unpaid fines or restitution.
Your tax refunds may be intercepted to satisfy outstanding court debts.
Your credit score could be impacted by unpaid court obligations.
5. What Are the Related Offenses To Penal Code § 853.8 PC?
In California, Penal Code § 853.8 PC requires courts to issue a bench warrant when a person fails to appear in court after signing a written promise to appear and has not posted bail. While this statute focuses on the issuance of the warrant itself, there are several related offenses that often accompany or stem from a violation of PC 853.8.
These offenses can lead to additional criminal charges, fines, and potential jail time. Understanding these related laws is critical to knowing the full scope of penalties and how an experienced defense lawyer can protect your rights.
At Grace Legal Group, our Los Angeles criminal defense attorneys have helped countless clients resolve bench warrants and related charges, often without jail time or a permanent mark on their record.
1. Penal Code § 853.7 PC – Failure to Appear After Signing a Promise
The most closely related statute to PC 853.8 is Penal Code § 853.7, which makes it a misdemeanor to willfully fail to appear after signing a written promise.
Key Details:
Applies when you signed a citation or release promising to attend court.
Applies whether or not the underlying offense was minor.
Requires proof that your failure to appear was willful.
Penalties:
Up to 6 months in county jail, and/or
A fine up to $1,000, and
An active bench warrant for arrest.
If the missed court date was tied to a felony case, prosecutors may instead charge you under PC 1320 or PC 1320.5 (see below).
2. Penal Code § 1320 PC – Failure to Appear After Release on Recognizance
Penal Code § 1320 PC applies when a person is released on their own recognizance (O.R.) and later willfully fails to appear in court.
Misdemeanor Scenario:
If the original offense was a misdemeanor, failing to appear is also a misdemeanor.
Penalties include:
Up to 6 months in county jail,
Fines up to $1,000, and
Probation and additional court fees.
Felony Scenario:
If the underlying case was a felony, then failing to appear becomes a felony offense, punishable by:
Up to 3 years in state prison, and/or
Fines up to $5,000.
Connection to PC 853.8:
Both laws deal with missed court appearances, but PC 853.8 triggers the issuance of the warrant, while PC 1320 criminalizes the failure itself.
3. Penal Code § 1320.5 PC – Failure to Appear While on Bail
If you were released on bail and intentionally failed to return to court, you could be charged under Penal Code § 1320.5 PC, commonly known as bail jumping.
Penalties:
Always charged as a felony,
Up to 3 years in county jail or state prison,
Fine up to $10,000, and
Permanent forfeiture of bail.
Example:
If you were out on bail for a DUI or assault charge and missed your court date, the judge could issue a bench warrant under PC 853.8 and the prosecutor could file a new felony case under PC 1320.5 for bail jumping.
4. Vehicle Code § 40508 VC – Failure to Appear for a Traffic Ticket
For traffic-related offenses, Vehicle Code § 40508 VC makes it a misdemeanor to fail to appear after signing a traffic citation promising to attend court or pay the fine.
Penalties:
Up to 6 months in county jail,
Fine up to $1,000, and
Possible driver’s license suspension.
Example:
If you receive a traffic citation and ignore it, a bench warrant under PC 853.8 may be issued, and you could also be charged under VC 40508 for failure to appear.
5. Penal Code § 166 PC – Contempt of Court
A Failure to Appear can also be treated as a form of Contempt of Court under Penal Code § 166 PC, especially if the court believes your absence was willful disobedience of a court order.
Penalties:
Up to 6 months in county jail,
A fine up to $1,000,
Probation or community service.
Connection to PC 853.8:
If you miss a hearing related to a protective order, probation review, or sentencing, the judge may issue a bench warrant (PC 853.8) and charge you with contempt for defying the court’s authority.
6. Penal Code § 978.5 PC – Issuance of Bench Warrants
While PC 853.8 specifically applies to misdemeanors involving a written promise, Penal Code § 978.5 allows courts to issue bench warrants in any criminal proceeding when a defendant fails to:
Appear for arraignment, trial, or sentencing,
Obey a court order, or
Surrender for custody.
Connection to PC 853.8:
This broader statute governs the general authority for bench warrants, while 853.8 is a specific procedural rule for misdemeanor citation cases.
7. Probation or Parole Violations
Failing to appear in court for a probation review, compliance hearing, or restitution payment can also trigger a probation or parole violation.
Consequences include:
Revocation of probation,
Reinstatement of suspended jail time,
New conditions or extended probation terms, and
In severe cases, state prison sentences.
8. Penal Code § 19.6 – Misdemeanor Jail Time Limitations
This section limits misdemeanor jail sentences to no more than one year in county jail. However, when combined with a PC 853.7 or PC 1320 charge, judges can stack penalties, leading to longer overall supervision or probation periods.
9. DMV and Civil Consequences
Although not a criminal “offense,” the California DMV may:
Suspend your driver’s license for failing to appear in court,
Refuse to renew your registration or license, and
Impose additional fees to reinstate driving privileges.
Additionally, courts may issue civil assessments (up to $300) for each missed appearance.
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