what happens when you have a bench warrant

2 min read 26-12-2024

what happens when you have a bench warrant

A bench warrant is a serious legal matter. It's an order issued by a judge for your arrest. This happens when you fail to appear in court as required. This article explains what happens when you have a bench warrant, the potential consequences, and what you can do.

Understanding Bench Warrants

A bench warrant is issued when you've been legally summoned to court – for example, for a traffic violation, a missed court date, or failure to comply with a court order. Ignoring this summons leads to the judge authorizing your arrest. The warrant remains active until you are apprehended or the court dismisses it.

The severity of consequences depends on the original charge that led to the warrant. A bench warrant for a minor traffic offense carries less severe penalties than one issued for a felony.

What Happens After a Bench Warrant is Issued?

When a bench warrant is issued, several things can happen:

1. Arrest:

This is the most immediate and likely outcome. Law enforcement officers can arrest you at any time, day or night, and anywhere they have jurisdiction. This could be at your home, your workplace, or even during a routine traffic stop. The arresting officers will take you into custody and transport you to the local jail or detention center.

2. Jail Time:

Once arrested, you'll likely spend time in jail until your court appearance. The length of your stay depends on several factors including the seriousness of the original charge, your criminal history, and the court's backlog.

3. Court Appearance:

After being booked, you'll be brought before a judge. The judge will review the original charges and the reason for your missed court date. This is your chance to explain your absence and potentially resolve the issue. However, simply explaining yourself isn't always enough.

4. Increased Penalties:

Your failure to appear in court will likely result in increased penalties for the initial offense. This might include higher fines, additional jail time, or both. The court may also impose additional penalties for contempt of court.

5. Additional Charges:

In some cases, you may face additional charges beyond the original offense. These could be for contempt of court or even for fleeing from law enforcement during arrest.

What to Do If You Have a Bench Warrant

If you know there's a bench warrant for your arrest, acting quickly is crucial. Ignoring it will only make the situation worse. Here's what you should do:

Contact an Attorney: This is the most critical step. A lawyer can help you navigate the legal system, explain your options, and represent you in court. They can also negotiate with the court to minimize penalties.
Turn Yourself In: While it may seem daunting, voluntarily turning yourself in demonstrates good faith and can show the judge you're willing to take responsibility.
Be Honest and Cooperative: Be truthful and cooperative with law enforcement and the court. This can influence the judge's decision on sentencing.
Gather Information: Collect any documentation that may be relevant to your case, such as medical records, proof of travel, or other evidence explaining your absence from court.

The Bottom Line

A bench warrant is a serious legal matter with potentially severe consequences. Proactive steps like contacting an attorney and turning yourself in can mitigate the negative outcomes. Ignoring a bench warrant is never a wise choice. Facing the issue head-on is always the best course of action. Remember, every case is unique, and legal advice from a qualified attorney is essential.