40508A Warrant – Failure to Appear in Court 5 Things YOu Need to Know Now

shows the picture of an orange county bench warrant mailed to a person

What is a 40508a Warrant of Arrest?

A 40508a warrant results when a person fails to show up to court. This is also known as a failure to appear. A failure to appear is a misdemeanor and happens when a person signs a promise to appear in court and does not appear in court. Failure to appears results in a misdemeanor, which is also a new charge. If your case was in the Los Angeles or Orange County Court System, then your case will be assigned to GC Servcies that will put a hold on your license. 

Penalties of 40508a Warrant

In addition, a 40508 Warrant is often accompanied by potential jail time because a person can be picked up on the arrest warrant and forced to wait in jail for the court appearance. This new violation carries possible jail time and substantial fines.

1 – The 40508a Warrant and A Failure to Appear can be harsher than the original Charge. 

Sometimes, the new charge of failure to appear is harsher than the original charge in the first place, which can be an infraction. In addition to this, the new charge of failure to appear also accompanies what they call a 40508a warrant.

2 -The 40508a Warrant Orders the Officers to Take You In. 

A 40508a bench warrant orders the police department and law enforcement agency to pick you up and arrest you whenever they see you. This doesn’t matter what the reason for contact is. You do not have to commit any new violation of the law or have any new offense that would warrant giving you a citation. 

For example, you can be a passenger in another person’s car, but a 40508a warrant will make the officer arrest you and bring you into court if your car was rear-ended in an accident. This is the case even if your underlying case was a minor traffic ticket and did not involve jail. The ticket you missed has blown up to a full misdemeanor and active warrant. This simple traffic ticket now has the potential to affect your record.3 – Hiring a Bench Warrant Attorney for Your 40508a Warrant Outweighs the Cost

You will need an attorney to go into the court to quash the bench warrant on your behalf. If a police officer runs into you for any violations before going to court, then you will be arrested instead of given a citation. You will also need an attorney to reduce the 40508a warrant down to an infraction from a misdemeanor. The infraction will eliminate the possible jail time associated with the misdemeanor charge.

On top of recalling your active warrant, your Bench Warrant Attorney will also fight your 40508a case will fight the new additional charge of failure to appear and the underlying offense of the original traffic violation. (citation for speeding, running red lights, etc..) Your attorney will also fight your 14601.1a charge of driving on a suspended license violation as well. This additional charge is also a misdemeanor and carries with a potential jail time and substantial fines in the form of assessments. 

4 – You Do Not Have to Pay for the 40508a Warrant and GC Services 

It would help if you had an experienced warrant lawyer when dealing with GC Service. Gc Services is the court’s collection agency and will hold onto your license for the traffic violation so long as you have a 40508a Warrant or an outstanding warrant for your arrest. 

They will not release your license for the willful failure to appear unless you pay their fines or get some payment plan system which can range into thousands of dollars. This is often more than the original court-ordered fine, additional assessments, and civil assessment fees for being late. 

5 – The Money You Pay to Release Your Warrant is a Lot More than All What You Pay If You Fought Your Case. 

On top of that, the thousands of dollars you pay to get rid of your misdemeanor warrant will also result in a guilty plea in your underlying case. This is so even if your traffic citation started only as a correctable offense.  It’s a better investment to hire a  40508a Bench Warrant attorney to fight your new charges the the New Misdemeanor Charges. 

Get a legal consultation with a Bench Warrant Attorney Near You. 

Defending yourself against a 40508a Warrant is not wise. You run the risk of getting taken into the county jail by a law enforcement agency on your bench warrant, and you also run the risk of picking up a new license violation of driving on a suspended license. The defense against a 40508a Warrant is more than saying you did not get the courtesy notice in the mail. 

This will save you from the trouble of answering for it on your job applications. Finally, you will need an attorney to represent you on getting your license back if you missed the court on a traffic ticket. In California, if you miss court and get a 40508a warrant, then you will need to take the necessary steps to get your license back from the court. This will involve a trip to court by itself.

What is a 40508a Warrant of Arrest?

A 405088 warrant of arrest is an order from the court to arrest you because you have failed to appear on a traffic ticket. It is a separate charge in addition to the traffic ticket that you are facing. In addition to the warrant, it is also often accompanied by a License suspension And a new misdemeanor charge.

What are the Penalties Associated with a 40508a Warrant?

The penalties associated with a 4/05/08 a warrant Involves being taken into custody by police officer. In addition to being taken into custody by a police officer, there are also new penalties for violating the law and generating a new charge. The new charge of failure to appear on a traffic ticket Can go up as high as six months in jail and $1000 fine. However, this is unlikely to be the case And is more of an outlier. If you have concerns about penalties involved with a 4/05/08 A warrant, it is important that you consult with an attorney.

How Does a 40508a Warrant Compare to the Original Charge?

Penal Code 40508 A is an additional charge on top of the underlying case. If you have a ticket for failing to stop at a stop sign by not appearing at a case, you generate a new case of a Failure to appear in court. This is an additional charge that is a misdemeanor on top of your traffic tickets. A misdemeanor goes on your criminal record.

In what circumstances might a failure to appear charge be more severe than the original charge itself, which could have been an infraction?

There are some cases where a failure to appear can be more severe than the original charge itself. These cases can involve having a warrant as you’re out of county. For example. If you have a warrant because of a failure to appear in an Orange County case and you go to Los Angeles for a fun night out. There is a potential that you can run into a police officer. If this is the case, the officer can take you in for the warrant and kep you in jail for the weekend. Because this is cross county, the process of both. Counties talking to each other happens more slowly over the weekend. If this is the case, then you will have to stay in jail.

How does a 40508a bench warrant empower law enforcement to apprehend an individual, and under what conditions can they make an arrest?

A warrant for arrest is basically a instruction from the judge to any law enforcement officer to take you in. It is not the officer who gives himself the authority, but it is the judge who orders the officer to take you in. Because of the way it unfolds, the officer does not have discretion to. Choose not to take you in, but instead they need to take you in because there is a standing order from the judge.

How can an attorney assist in quashing a bench warrant and reducing the charge from a misdemeanor to an infraction? What benefits does this provide?

There are benefits to having an attorney assist you with your bench warrant. If you have an attorney, the attorney can show up to your court without you being there. He or she will work on quashing the warrants and making them go away. In addition their attorney will also represent you on the underlying case. In many circumstances, the attorney can also work on freeing up your driver license as well.

How does GC Services come into play when dealing with a 40508a warrant, and what are the financial implications associated with resolving the warrant?

GC Services is the collection arm of the court. The court will contract out to different collection agencies as they rack up people who fail to appear in their cases. The collection agency will then charge people triple or quadruple the price of the original ticket in order to release the license. In addition, no downside to dealing with collection agencies is once a person pays the ticket, they will also suffer the point violation for insurance purposes. This brings up insurance premiums as well.

Is It Worth Paying to Resolve a 40508a Warrant?

It depends on  where your standard is. It is cheaper to handle the warrant proactively and fight the tickets. Because by admitting to the new charge, you also suffer a potential misdemeanor charge against you. That counts as a conviction on your criminal record and when filling out job applications that is something that you need to disclose.

Let’s Talk About You

Let’s Talk About You Fight Your case and get Representation in Court.

Hand down the best attorney I have ever worked with!!! My friend recommended Hieu because I needed to expunge something I did when I was young and dumb. Hieu is very humble, personable, and made me feel very comfortable. He's surprisingly funny too. Something not all lawyers are / can do. His pricing is very reasonable and he updated me on everything frequently. I highly recommend him!!!!

Lila K

I had interviewed many attorneys to discuss my very unfortunate situation that was set by someone I knew. Hieu Vu was the most honest, caring, and professional attorney with compassion and empathy I ever interviewed. HE REALLY HAD A HEART. His fees were very reasonable and he will fight for you not just for your dollars but because he cares for his clients... I would strongly recommend him if you feel your life is upside down. Things happen but we learn to become better person.

Mark K

Tell Your side of the Story

There's always more to one side of a story. It's important that your site gets heard.
Share on facebook
Share on twitter
Share on pinterest