Many of us go through the mundane routines of life without taking a moment to acknowledge any upcoming special appointments we might have. The last thing you need is missing that special appointment at court! Missing a court date has its consequences. This can result in a bench warrant. Here we will explain everything you need to know about a bench warrant.
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What Is A Bench Warrant?
A bench warrant is a type of legal document issued by a judge that authorizes the immediate arrest of a person. The judge issues a bench warrant for a person that did not appear in court for a jury summons, failure to pay child support, probation violations, suspected criminal activity, violating a domestic violence restraining order, not appearing for a mandatory scheduled court date, or someone who is in contempt of court. Contempt of court penalties can include suspension of your driver’s license. A bench warrant can be issued if you have been indicted by a grand jury. Additionally, a traffic ticket can result in an outstanding bench warrant. In layman’s terms, the person was not seated on the court bench when they should have been. A bench warrant does not expire.
There is barely any defense against a bench warrant. A bench warrant gives law enforcement the authority to arrest you on sight. For example, a simple traffic stop by a police officer can result in being hauled away in handcuffs. A bench warrant can also cause problems when going through airport security. When a bench warrant is issued in your name, take action immediately. If you don’t handle an outstanding bench warrant right away, you may end up facing the consequences when you are least prepared to do so. Don’t wait for law enforcement to take matters into their own hands if you have a bench warrant.
Upon being taken into custody for a bench warrant, you will be held until a court date is set. A bench warrant typically has a bond amount assigned to it. Waiting for your court hearing to address a bench warrant can take a long time. It is best to handle a bench warrant on your own terms instead of leaving things up to chance.
What Is The Difference Between A Bench Warrant And An Arrest Warrant?
A bench warrant and an arrest warrant are two different types of warrants. Both types of warrants authorize law enforcement to arrest the person to face their criminal charges. The main difference is that a bench warrant is initiated and completed by the sole discretion of a judge. Only a judge issues a bench warrant. An arrest warrant is initiated by law enforcement. The police department must establish probable cause to issue an arrest warrant. A judge will then sign off on the arrest warrant if probable cause is established.
For example, law enforcement officers may have probable cause if they have video evidence of someone committing a crime. The judge will sign off on the arrest warrant if there is sufficient evidence. Once the judge approves the arrest warrant, law enforcement is free to complete the arrest. An arrest warrant is a way to establish a proper procedure for law enforcement. The bottom line is that no matter what type of warrant you have, you can expect to be arrested.
Many arrests do not need a warrant. For example, arresting someone for a DUI does not require an arrest warrant. Once a bench warrant or arrest warrant is issued, the process is virtually identical to a bench warrant. Law enforcement begins their search to bring the person to face their charges. Seeking legal counsel and turning yourself in is wise if you are ever faced with the unfortunate circumstance of having a bench or arrest warrant. Many criminal defense attorneys will offer free consultations to potential clients. You are entitled to a public defender if you cannot afford a private law firm for legal advice.
How To Quash A Bench Warrant
A bench warrant means you can be arrested at any time. It is best to take action on an outstanding bench warrant as soon as you can. Arrest warrants and bench warrants do not go away over time. Being taken into custody unexpectedly on a bench warrant can lead to being held in jail until your court date. This can lead to missing work and family responsibilities that you were not prepared for. Taking immediate action on a bench warrant will prevent or minimize any negative effects on your personal and professional life.
While the method of quashing a bench warrant may vary from state to state, it is usually a matter of setting a new court date or satisfying the terms of the court order. The most immediate way to quash a bench warrant is by turning yourself in. In most scenarios, explaining to the judge your valid reason for not appearing or complying with the court order will suffice.
Another way of quashing a bench warrant is to request a court hearing to vacate your warrant. You will be required to make a court appearance at this hearing and all future hearings related to your bench warrant or criminal case. At times, a judge may even release you on your own recognizance.
Lastly, hiring an attorney with stellar testimonials to help you is a great option. A criminal defense attorney will be able to lift your bench or arrest warrant without you physically appearing in the courtroom. Additionally, a criminal defense attorney will be able to assist you with the underlying charge that led to the warrant.
The Bottom Line
A bench warrant is issued by a judge that authorizes your immediate arrest. While there are ways to remedy a bench warrant on your own, hiring a criminal defense lawyer that specializes in criminal law is a great hands-off approach that can save you valuable time. Having an attorney present with you during arraignment or at any phase of court proceedings shows the judge you are serious about facing up to your charges. Handling a bench warrant right away is the best course of action.
Frequently Asked Questions
Does a bench warrant expire?
When you have a bench warrant to answer to, it is best not to let an excessive amount of time pass. Bench warrants do not expire. They do not disappear after any period of time. An unanswered warrant will remain outstanding until the person dies or the judge quashes the warrant for any reason.
What are the possible consequences of having a bench warrant?
Bench warrants are the most common warrant issued. They are also referred to as a “failure to appear.” Having a bench warrant in your name indicates that you are in contempt of court. Failure to comply with a bench warrant can lead to your arrest. Law enforcement has the authority to arrest you on sight, meaning you can be picked up when you least expect it.
What are the penalties if I don’t show up for court?
Failure to appear in court is typically a misdemeanor charge unless the charge you failed to show up for is a felony. Penalties for not following the rules of the court include hefty fines and jail time. Violating a court order in itself is a crime, and penalties can add on additional charges to the ones you may already be facing.
