Bench Warrants

 

All About Bench Warrants

So you got yourself into a bit of trouble and now there’s a warrant out for your arrest. Don’t panic! Let’s talk about what bench warrants are, why they get issued, and what you can do if you’ve got one.

What is a Bench Warrant?

A bench warrant is a type of arrest warrant that is issued directly by a judge (from the “bench” get it?) when a person fails to show up for a court hearing or violates a court order. Common reasons bench warrants get issued include:

• Missing a court date
• Violating probation or parole
• Failing to comply with a court order like failing to pay child support or fines
• Failing to appear as a witness in a trial

Unlike regular arrest warrants, bench warrants don’t require a lengthy process involving prosecutors and law enforcement. The judge can issue one pretty quickly if you don’t do what the court tells you to.

What Happens When There’s a Warrant Out for You?

When there’s an active bench warrant, that means the police can arrest you at any time to bring you in to face the judge. Usually cops don’t go looking for people with bench warrants specifically, but they’ll pick you up if they come across you in the course of their regular duties.

For example, if you get pulled over for speeding and the cop runs your license, they’ll see the warrant and take you into custody. Or if the police come to your house for a noise complaint and find out about the warrant, they can arrest you. Even if you just happen to walk past a cop on the street, they might stop you and discover the warrant.

In addition to getting arrested, having an outstanding bench warrant can cause other problems like:

• Having your driver’s license suspended
• Being denied for loans or housing applications
• Being unable to travel internationally

So basically, unresolved bench warrants can pop up and inconvenience your life when you least expect it. Taking care of them ASAP is important for your freedom and peace of mind.

How Do I Find Out if I Have a Warrant?

If you think you may have a warrant, the easiest way to find out is to search for yourself in the statewide case records for the state where it was issued. Many states have online case lookup tools where you can search your name and birth date to see if any cases come up.

You can also call the courthouse or clerk’s office and ask if there are any outstanding warrants under your name. Give them your identifying details like full legal name and birth date. The clerk can search the system and let you know if a bench warrant comes up.

Finally, you can call the public defender’s office and ask them to search for warrants in your name. The attorneys there have access to the necessary legal databases.

If you discover there is indeed a warrant, don’t panic! There are ways to take care of it without getting arrested.

What Should I Do if I Have a Warrant?

If you find out you have an outstanding warrant, here are some options:

Turn Yourself In

You can turn yourself in at the jail or courthouse. They’ll process you, you’ll see the judge, and the warrant will be cleared. You’ll likely have to post bail to be released while you wait for your hearing. The benefit here is getting it over with quickly. The downside is spending time in jail waiting to see the judge.

Contact the Court

Instead of just showing up at jail, you can call the court clerk and arrange to come in voluntarily to take care of the warrant. This shows you’re being responsible. The clerk may be able to get you in front of the judge faster so you spend less time in custody.

Get an Attorney

A criminal defense lawyer can help negotiate with the court on your behalf to recall or quash the warrant. This means making it inactive or cancelling it completely. The lawyer can also work out a surrender date so you don’t get arrested unexpectedly. This is the best option if you can afford the legal fees. Public defenders represent people for free if they can’t afford a lawyer.

Wait It Out

It’s risky, but you could wait and hope you don’t get arrested by chance before the warrant expires. Bench warrants usually expire after 1-5 years if not served. But during that time you’d have to lay low and avoid any police contact so you don’t end up in jail.

What Happens When You Go to Court on a Warrant?

If you get picked up on a warrant or turn yourself in, you’ll be taken before a judge quickly—usually within 48 hours. The judge will read the charges against you and you’ll have a chance to explain yourself and your circumstances.

For failure to appear warrants, the judge may just reinstate your bail or release you on your own recognizance. If it’s for violating probation or parole, you may be taken into custody again. The judge decides based on the unique situation.

After appearing before the judge, you’ll be given a new court date to face the original charges. Show up to this one…you don’t want another warrant!

How Can I Get a Warrant Lifted?

If there’s already a warrant, getting it lifted or recalled requires going through the court. A few options for warrant removal include:

• Surrendering voluntarily – Turn yourself in and see the judge ASAP
• Your lawyer filing a motion – An attorney can request the warrant be recalled
• Paying bail/bond – Posting bail gets the warrant lifted until your court date
• Reaching a plea deal – Work out a deal with the prosecutor to close the case
• Serving your sentence – Spend time in jail according to the judge’s order

The court isn’t just going to withdraw the warrant for no reason. You’ll have to take care of the underlying issue through one of the above options.

Can I Get Arrested in Another State?

Bench warrants issued in one state can still be enforced by law enforcement in other states. If a warrant comes up when police run your name, they can arrest you even if you’re out of state from where it originated.

That’s because almost every state participates in the National Crime Information Center (NCIC) database that logs warrants nationwide. So don’t think you can dodge a warrant just by moving or travelling away. The long arm of the law can still reach ya!

What If I Get Arrested on a Friday Night?

Unfortunately the courts aren’t open 24/7, so if you get picked up on a warrant late in the week, you may have to wait in jail over the weekend before you can see a judge. Try to stay calm and don’t cause any trouble. Cooperate with the corrections officers and trust your attorney if you have one. The key is getting before the judge as quickly as possible.

Can I Get a Warrant Removed Without Being Arrested?

It is sometimes possible to recall or quash a warrant without being arrested if you act fast. As soon as you learn about the warrant, get in touch with the court clerk or your attorney to start the process.

If it’s your first offense, you have a clean record otherwise, and the warrant isn’t for something too serious, the judge may withdraw it without an arrest. But there’s no guarantee. Prepare a good case for why the warrant is an unnecessary hardship.

What Should I Do If I’m Arrested on a Warrant?

If cops inform you that you have a warrant and start putting cuffs on you, remain calm. Don’t try to resist arrest or flee. That will only lead to additional charges. You have the right to remain silent, so don’t answer any questions without your lawyer present. Cooperate with officers, but make it clear you wish to speak to your attorney before giving a statement.

The officers will search you and transport you to the county jail for processing. You’ll have a chance to make a phone call – remember those numbers! Call your loved ones and attorney so they know where you are. If you can’t afford a lawyer, ask for a public defender when you see the judge.

While in custody, stay cool and treat officers and other inmates with respect. You’ll get through this! The warrant just means you have to face the original charges in court. Focus on preparing your defense with your lawyer.

Key Takeaways

Having an open bench warrant is serious business and nothing to ignore. But don’t panic! Here are some key tips:

• Act fast to resolve it – The longer you wait, the worse it gets
• Be proactive – Contact the court yourself before you get arrested unexpectedly
• Get legal help – An attorney can advocate for you and negotiate on your behalf
• Stay calm – Getting arrested isn’t the end of the world
• Know your rights – Don’t answer questions without a lawyer present

Dealing with a warrant is stressful, but taking responsibility for your situation and facing it head on is the best approach. With the right legal guidance, you can get the warrant cleared up and move forward.

References

Bench Warrants – FindLaw. 2022.
Warrants for Failure to Appear – Nolo. 2022.
Arrest Warrants and the Arrest Warrant Process – CriminalDefenseLawyer.com. 2022.
I Have a Warrant Out For My Arrest – What Should I Do? – Lawyers.com. 2022.
How to Get Rid of an Arrest Warrant – Nolo. 2022.