Bench Warrant

How Does a Bench Warrant Work

When a bench warranthas been issued, law enforcement is notified through shared data systems. Like any other type of warrant, bench warrants are enforced by law enforcement by locating and arresting the individual named.

Once arrested under a bench warrant, the process is as follows:

• The individual is brought before a judge to face charges in open court.
• The judge may order the individual to be held until their next scheduled court appearance, or they may be released.

Common Reasons for Issuing a Bench Warrant

There are a variety of reasons that a judge might issue a bench warrant, including:

Failure to Appear in Court

Whether the individual is facing charges themselves or has been subpoenaed as a witness, their failure to show up for a court hearing may result in a bench warrant being issued.

Failure to Comply With Court Orders

Failure to comply with court orders can result in a bench warrant being issued. Court orders may include probation violations, failing to perform required community service, not paying court-ordered fines, and other similar violations.

Missing Jury Duty

A judge may issue a bench warrant for contempt of court if someone misses jury duty without a valid excuse.

Difference between Bench Warrant vs Arrest Warrant

The differences between bench warrants and arrest warrants lie in who issues the warrant and the reason that the warrant is issued.

• Bench warrant: Judges issue bench warrants against those who fail to comply with a court order, such as failing to appear for a court hearing, failing to pay court-ordered fines, or failing to comply with probation requirements.
• Arrest warrant: Law enforcement officials issue arrest warrants based on probable cause to believe that the individual named in the warrant has committed a crime. For an arrest warrant to be valid, it must first be approved by a judge.

Consequences of a Bench Warrant

Anyone named in a bench warrant should immediately contact an experienced criminal defense attorney because the matter is serious and can have significant consequences.

Potential arrest and being taken into custody

Law enforcement can arrest those named in a bench warrant anytime, anywhere.When arrested on a bench warrant, an individual may be held in jail until their next appearance before the judge who issued the warrant.

Fines and additional legal penalties

Individuals arrested on a bench warrant may have to pay bail to be released before their next court date. However, if the judge deems the individual a flight risk, they may need to remain in custody.When someone is brought in on a bench warrant, additional charges may be filed, such as “contempt of court” or “failure to appear” charges, which can lead to fines, probation violations, jail time, and other legal penalties.

Impact on criminal record and background checks

In addition to making it harder to resolve the original legal matter favorably, ignoring a bench warrant can impact a defendant’s criminal record and appear in background checks, even if the underlying criminal case is unresolved.

Consequences of Ignoring a Bench Warrant

There are many serious legal consequences to ignoring a bench warrant, including:

• Arrest - Law enforcement has the authority to arrest you on sight once a bench warrant is issued. This could happen at any time, even during routine activities such as a traffic stop or at your home or workplace.
• Jail time - Depending on the severity of the underlying offense or the judge's discretion, you may face jail time for ignoring a bench warrant. Even minor offenses could lead to incarceration if the warrant is ignored.
• Fines - Failing to comply with a bench warrant can lead to additional fines. These are on top of any existing penalties associated with the original offense and can accumulate quickly.
• Increased bail amounts - If you’re arrested for a bench warrant, the judge may set a higher bail amount than originally assigned. This means it could be more expensive or difficult to secure your release from custody.
• Additional charges and penalties - Ignoring a bench warrant might result in contempt of court charges or other legal penalties, further complicating your case and increasing the potential for stricter sentencing.
• Driver's license suspension-In many cases, the court can suspend your driver’s license as a punitive measure, restricting your ability to drive legally until the warrant is resolved.
• Difficulty finding employment or housing - A bench warrant appears on background checks, which can negatively affect your ability to secure employment or housing. Many employers and landlords consider outstanding warrants a major red flag.
• Difficulty passing background checks -Beyond employment and housing, any routine background check for things like professional licensing, loans, or volunteer opportunities could be hindered by an outstanding bench warrant.

How to Clear a Bench Warrant

Here are some suggestions on how to clear a bench warrant without going to jail:

• Contact a lawyer:A defense attorney can arrange your appearance and protect your rights. In some cases, your attorney may be able to clear the warrant without you having to appear in court.
• Appear in court:You may resolve the reason for the warrant by appearing in court.
• Turn yourself in:If you learn that a bench warrant has been issued against you, you can demonstrate responsibility and help minimize future repercussions by turning yourself in to authorities.
• Prepare for court:Depending on the reason for the warrant being issued, you can gather documentation that may build a strong case for resolving your warrant. This may include probation papers, receipts for fines paid, medical records, or any evidence showing why you missed court, if applicable.
• Pay bail:If you can pay bail, you may receive a new court date. Upon release, after posting bail, be sure to appear at the new court date, or an arrest warrant may be issued against you.

How to Cancel a Bench Warrant

To cancel a bench warrant, you must address the underlying issue that led to the warrant being issued in the first place. It is always a good idea to consult an attorney before attempting to cancel the warrant.

Here are some instances where a bench warrant may be canceled:

• A motion is filed:You can file a motion with the court that issued the warrant to request a hearing. The court will usually schedule a hearing within a few days.
• You appear in court:Answer the warrant by appearing in court and explaining the circumstances that led to the warrant being issued. You can bring evidence to support your case, such as medical records or proof of a family emergency.
• You pay any fines owed:If the bench warrant issued against you resulted from your failure to pay a fine, you may be able to cancel the warrant by making the payment. Please note that additional penalties may be due.

Looking Up Bench Warrant Records

 If you suspect there is a bench warrant out for your arrest or someone else's, you can search for bench warrant records online or through your local law enforcement agencies. Many state and county websites provide access to public records, including warrants. You can often find this information by visiting the county courthouse's website or using online tools like public records databases. It's important to verify this information promptly to avoid legal consequences.

Additionally, contacting a lawyer or local police department can provide more accurate details regarding your specific situation. Depending on the jurisdiction, you may also be able to access warrant information by calling the court clerk’s office directly.