What is a Body Attachment? Is This a Criminal Charge? What Will Happen to Me if a Body Attachment is Placed on Me?
Wondering what a body attachment is? Is it a criminal charge? What will happen to me if a body attachment is placed on you?
If you have a body attachment, you need to consult with an experienced criminal defense attorney. Your attorney will be able to advise you on the best course of action for your unique situation.
Is There a Difference Between a Body Attachment and An Arrest Warrant in Los Angeles?
A body attachment is a type of arrest warrant. There is not much of a difference between an arrest warrant and a body attachment. Both are legal orders signed by a judge and require law enforcement officers to arrest you as soon as possible. They may go to your home or workplace, or they may arrest you at a traffic stop. But, yy itself, a body attachment is not a criminal charge.
Body attachments are often referred to as “bench warrants” because a court issues them for violations of court rules. An arrest warrant is different from a body attachment; These are issued if the state has filed new criminal charges against a defendant. A bench warrant, on the other hand, doesn’t always lead to new criminal charges.
But, make no mistake about it – a body attachment/bench warrant can lead to new criminal charges after you are arrested and brought to court. But it can also lead to a warning or increased bail instead of new charges. It depends on the judge and why you got a bench warrant in the first place.
What Are Some Reasons a Court Might Issue a Body Attachment?
You can get a body attachment/bench warrant in California any time you violate a court order. This covers a wide range of conduct.
Some of the most common reasons for a bench warrant include:
- Failing to appear in court
- Violating probation (missing a meeting, failing a drug test, not attending treatment, etc)
- Failing to pay child support or spousal support
- Failing to pay a fine in time
- Failing to pay restitution
The body attachment will lead to your arrest so you can be brought back to court. At that point, it is up to the prosecutor to file new criminal charges or try to revoke probation.
Criminal Charges Related to a Body Attachment
Sometimes you can get off with a warning or bail increase from the judge, but this varies from case to case. It is always best to hire a criminal defense lawyer to help you handle your body attachment.
Some criminal charges that frequently result from a body attachment include:
- Failing to Appear Charges (Misdemeanor or Felony)
- Contempt of Court
- Bail jumping
A criminal charge for failing to appear is extremely common when you miss court. These charges can carry serious penalties, including:
- up to a year in jail and a $1,000 fine for missing court on a misdemeanor case,
- and up to three years in prison and a $5,000 fine for missing court on a felony case.
Of course, you have the right to an attorney, and the state must prove you missed court beyond a reasonable doubt. However, these charges are extremely easy to prove in court.
A criminal charge for contempt of court is also very serious. Contempt of court is defined as the willful failure to obey a court order. This charge is very common in child support cases for nonpayment. Any time you violate a condition of bail, you can also be charged with misdemeanor or felony bail jumping on top of the underlying charges.
How Can You Get Rid of a Body Attachment in Los Angeles?
Now you know the answers to your questions about body attachments. If you have a body attachment in Los Angeles, you will be arrested and may face new criminal charges. The best way to avoid an embarrassing arrest and new criminal charges is often to schedule a “walk-in” and get the warrant quashed (lifted). This will not guarantee that you won’t be taken into custody on new charges, but it is usually the best way to handle the situation.
A walk-in is when you call the court and explain that you missed your hearing by mistake and would like to schedule a new hearing to come in to get the body attachment/warrant quashed and get the case back on track. At the hearing, your lawyer can move to have the warrant quashed (lifted).
Because a body attachment is a very serious matter, and there are many considerations, you should not try to handle the situation alone.