Typically issued in misdemeanor cases, a Bench Warrantis a summons that is ordered by a judge against the defendant in a criminal or civil case or a similar legal proceeding (traffic violation charges or tickets, for instance) when they didn’t show up at a scheduled court hearing as required or for contempt of court. Simply put, the offender was not “on the bench” in front of the judge when they were supposed to be. Failing to appear (“FTA”) in court is a criminal offense, and Bench Warrants are often called FTA Bench Warrants. In some US jurisdictions, Bench Warrants may be issued when someone fails to show up for jury duty or in some civil cases in order to bring a subpoenaed witness in front of a judge
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:
There are a variety of reasons that a judge might issue a bench warrant, including:
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 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.
A judge may issue a bench warrant for contempt of court if someone misses jury duty without a valid excuse.
The differences between bench warrants and arrest warrants lie in who issues the warrant and the reason that the warrant is issued.
Anyone named in a bench warrant should immediately contact an experienced criminal defense attorney because the matter is serious and can have significant consequences.
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.
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.
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.
There are many serious legal consequences to ignoring a bench warrant, including:
Here are some suggestions on how to clear a bench warrant without going to jail:
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:
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.
No,bench warrants do not expire and remain active until the person named in the warrant is arrested or a judge cancels it.
Bench warrants are serious because they are only issued when an individual has not complied with a court order by, for example, not showing up for a scheduled court appearance or failing to pay a court-ordered fine. Therefore, financial penalties for failing to comply, especially when the failure involves not paying fines or other fees, are usually added to the original amount owed.
Yes, you can request a bail reduction if you believe the amount set by the court is too high. A judge can consider several factors when deciding whether to reduce bail, including the severity of the charges, your criminal history, your financial situation, your ties to the community, your character, your physical or mental condition, and whether you are a flight risk.
The primary reason for wanting to know if there is an outstanding bench warrant issued in your name is that you can be arrested on a bench warrant at any time without warning. It can also result in jail time, fees, and fines.