2011 Alhambra Drinking in Public Bench Warrant
At the Alhambra Courthouse, Los Angeles County Superior Court, Mr. Escovar represented a client who had a bench warrant from 2011 for allegedly violating Alhambra Municipal Code Misdemeanor Section AL9.16.010, Drinking on Streets, Sidewalks, or Public Parking Lots, otherwise known as “Drinking in Public.”
The client was unaware there was a judge-ordered bench warrant out for his arrest until recently. When a person has a bench warrant, any interaction with the police may result in incarceration. The client contacted our office seeking legal guidance.
Penal Code Section 977 Appearance and Bench Warrant Recall
Mr. Escovar made an appearance pursuant to Penal Code Section 977, which allows for a client’s lawyer to appear in court on behalf of their client without the client’s physical presence. Penal Code Section 977 applies to misdemeanor cases subject to exceptions in Domestic Violence and specific court-ordered Driving Under the Influence (DUI) cases.
At the arraignment and bench warrant Recall, Mr. Escovar communicated with the judge and opposing counsel and was able to get the bench warrant recalled, which means the judge cancelled the bench warrant, and the client did not have to go into custody.
What is a Serna Motion and the Right to a Speedy Trial?
At a second appearance, on behalf of the client, on August 19, 2026, Mr. Escovar conducted an oral informal Serna motion arguing that the client’s Speedy Trial Rights under the United States and California Constitution had been violated due to unnecessary delays which damaged the client’s chance to have a fair trial.
The Serna case established that the Right to a Speedy Trial “attaches with the filing of the accusatory pleading or arrest, whichever is first,” and “when an offense is charged as a misdemeanor, it is the filing of the complaint or earlier arrest which triggers the defendant’s Sixth Amendment right to a speedy trial.” Serna v. Superior Court (1985) 40 Cal.3d 239.
Dismissal Under California Penal Code Section 1385
Mr. Escovar successfully persuaded the Deputy District Attorney and then the judge that the case should proceed by an informal Serna motion in furtherance of justice, and due to the age of the case, the case should be dismissed under California Penal Code Section 1385.
Result: Bench Warrant Recalled and Case Dismissed
In this case, the bench warrant was recalled, and the case was dismissed.
Results may vary depending on the specific facts of each case.