Bench Warrant

? The Most Common Reasons for Bench Warrants

U.S. courts most commonly issue Bench Warrants for failure to appear in a court of law, for failure to pay a fine or to comply with a court order, for violating probation, for not completing community service, not paying child support, or not fulfilling some other legal obligation agreed to in a court of law.

? Is There a Difference between an Arrest Warrant and a Bench Warrant?

In serious criminal cases, an Arrest Warrant grants the police the right to find and take someone accused of a crime into custody right away. A judge issues an Arrest Warrant when there is sufficient evidence (known as a “probable cause”) that someone has committed a crime. A Bench Warrant, on the other hand, does not mean a law enforcement official will immediately try to track the perpetrator down. Instead, their name goes into a statewide database accessible to the whole law enforcement community.

As soon as the offender gets into any kind trouble, for any reason at all (even if it is not necessarily their fault) and police is involved, they will be taken into custody based on the outstanding Bench Warrant. During custody,they could be incarcerated until the next case hearing, or they can post bail in order to be released until the new court date.

? How Do I Get a Bench Warrant Dropped?

Once there is a Bench Warrant out with your name on it, the only way to have it lifted is to turn yourself in and appear in court before a judge. If you present a good reason for your behavior at your hearing, the court could agree to reschedule your court date. In case you have already been taken into custody and have posted bail, you could try to persuade the judge to let you recover your bail.

? Do Bench Warrants Expire?

Bench Warrants don’t have a statute of limitation. In other words, they do not expire and could be active until the person is arrested, until they die,or until a judge recalls it or suppresses the warrant, otherwise criminals would be encouraged to evade warrants until they’re past their due date.

? Why Do Bench Warrants Carry Higher Amounts?

In general, a Bench Warrant is known to involve a higher value, and they’re usually listed as cash-only warrants. With an attorney’s help, a cash-only warrant could be turned into a bondable one, though. The higher value depends on the context, particularly if it is linked to the defendant’s failure to pay child support or alimony. The bail also carries considerable fees, fines, court costs or administrative fees set to cover both the original charge and the newly added “Fail to Appear” (FTA) offense.

? Can I Have The Bail Amount Reduced?

If the Bench Warrant has been outstanding for a while, some magistrates could lower the bail amount during a bail reduction hearing. If the defendant’s attorney presents solid arguments, they might convince the judge to reconsider the bail value and the warrant status (cash-only or not). The factors that influence this decision are:

• The gravity of the crime;
• The Offender’srolein the community;
• The Offender’s criminal record;
• The amount of evidence against the perpetrator.