what to do when you receive a bench warrent

3 min read 27-12-2024

what to do when you receive a bench warrent

A bench warrant is a warrant issued by a judge for your arrest. This usually happens when you fail to appear in court for a scheduled hearing or violate a court order. Receiving a bench warrant is a serious matter, and knowing how to respond is crucial. This article will guide you through the steps you should take if you're faced with this situation.

Understanding Bench Warrants

A bench warrant is essentially an order from a judge authorizing law enforcement officers to arrest you. The reasons for issuing a bench warrant typically involve:

Failure to Appear (FTA): This is the most common reason. If you missed a court date without a valid excuse, a judge may issue a warrant for your arrest.
Violation of Court Orders: Ignoring a court order, such as failing to pay child support or violating probation, can also result in a bench warrant.
Contempt of Court: Disrespecting the court or its authority, such as being disruptive during proceedings, can lead to a warrant.

Ignoring a bench warrant will only make the situation worse. The consequences can include:

Arrest: You could be arrested at any time, anywhere. This can be embarrassing and disruptive to your life.
Jail Time: Depending on the original offense, you could face additional jail time for failing to appear.
Fines: You will likely face additional fines for the warrant itself and the original offense.
Damage to Your Reputation: A bench warrant is a serious legal matter that can affect your employment, travel, and other aspects of your life.

What to Do if You Have a Bench Warrant

If you believe a bench warrant has been issued for your arrest, or if you have been contacted by law enforcement, do not ignore it. Instead, take the following steps immediately:

1. Confirm the Warrant

First, verify that a warrant exists. You can contact the court clerk's office in the jurisdiction where the original charge occurred. Provide them with your full name, date of birth, and any case numbers you may have.

2. Consult with an Attorney

This is absolutely crucial. An experienced attorney can advise you on the best course of action. They can help you navigate the legal complexities of the situation and represent you in court. Trying to handle this alone is strongly discouraged.

3. Turn Yourself In (With Legal Counsel)

With your attorney's guidance, consider turning yourself in. This shows the court you're taking the situation seriously and may lead to a more lenient outcome. Never turn yourself in without first speaking with a lawyer.

4. Prepare for Court

Your attorney will help you prepare for your court appearance. This may involve gathering documents, preparing a statement, or gathering character references.

5. Understand Your Options

Your options will depend on the specifics of your case and the judge's discretion. Possible outcomes might include:

Dismissal of the Warrant: The judge may dismiss the warrant if there's a valid reason for your non-appearance or if you cooperate fully.
Rescheduling: The court may reschedule your hearing.
Fines and Community Service: These might be imposed as punishment.
Jail Time: This is a possibility, depending on the severity of the original offense.

Preventing Future Bench Warrants

To prevent future bench warrants, it's vital to:

Keep Track of Court Dates: Write down all court dates and set reminders.
Communicate with the Court: If you have an emergency that prevents your appearance, contact the court immediately.
Comply with Court Orders: Follow all instructions and orders given by the court.
Hire a Lawyer: If you are struggling to understand court proceedings or orders, hire a lawyer as soon as possible.

A bench warrant is a serious legal issue. By taking swift and decisive action, and seeking legal counsel immediately, you can improve your chances of a favorable outcome and avoid more serious consequences. Remember, proactive action is key to resolving this situation effectively.