What Should I Do About an Old Hit-and-Run Warrant From a Missed Court Date in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I had a hit and run from years back. I didn't know I had a warrant. I was cited and released, and I missed a court date. I don't know what to do or what to expect.
Attorney Answer
An active warrant does not resolve itself, and it can lead to an arrest at an inconvenient time, like during a routine traffic stop. The good news is that in many California courts, an attorney can often get a warrant recalled and a new court date set without you having to be taken into custody first.
Hit-and-run charges in California usually come from Vehicle Code § 20002, which requires a driver involved in an accident causing only property damage to stop, exchange information, or locate the owner. Being cited and released at the time suggests the case was treated as a misdemeanor rather than a more serious charge. When you miss a scheduled court date on a case like this, the court typically issues a bench warrant for failure to appear, and depending on the county, it can also trigger a hold with the DMV on your driving privileges until the warrant is resolved.
Missing court is not the same as the original charge going away. Both issues, the underlying hit-and-run case and the missed court date, are usually still open and need to be addressed together.
What to do next
1. Contact a California criminal defense attorney as soon as possible. Many can file a motion to recall the warrant and get you a new court date, sometimes without requiring you to be arrested first. 2. Do not wait for law enforcement to find you. Being proactive generally leads to a better outcome than being picked up unexpectedly. 3. Gather anything you still have from the original incident, such as a copy of the citation, insurance information, or any paperwork from the accident. 4. Check with the DMV or your attorney about whether your driving privileges have a hold related to this case. 5. Once the warrant is addressed, ask your attorney about your options for the underlying hit-and-run charge itself, since resolutions can range from a negotiated plea to alternative programs depending on your record and the facts.
This is general legal information about how these situations typically work in California, not legal advice about your specific case. A local criminal defense attorney can pull your case file, confirm exactly what is outstanding, and move quickly to get the warrant addressed.
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Frequently Asked Questions
Will I be arrested if I go to court to deal with an old warrant?
It's possible, but an attorney can often file paperwork to recall the warrant and get a new hearing date set before you ever appear, which avoids that risk. This is one of the main reasons to get an attorney involved before going to the courthouse yourself.
Does a warrant expire in California?
No. Bench warrants for failure to appear generally do not expire on their own and remain active until they are resolved, sometimes for many years, which is consistent with a warrant surfacing long after the original case.
Can missing court add new charges on top of the hit-and-run case?
Yes, failing to appear can be treated as a separate issue by the court, in addition to whatever happens with the underlying hit-and-run charge. An attorney can explain how the two are likely to be handled together in your county.
