A bench warrant is an order issued by a judge that mandates the immediate arrest of an individual. Typically, this type of warrant is issued when a defendant who has been charged with a crime fails to appear in court on their scheduled court date. This scenario is often called a “bench warrant for failure to appear.” However, a judge may issue a bench warrant for various reasons, including any instance where a person violates the rules or orders of the court.
Once a judge issues a bench warrant, law enforcement is tasked with enforcing it, treating it similarly to any other type of warrant. This usually involves locating the individual named in the warrant and arresting them. If you become aware that a bench warrant has been issued against you, it is crucial to consult with a Montgomery County criminal defense lawyer and voluntarily turn yourself in as soon as possible. Attempting to evade a bench warrant is unwise and nearly always ends in arrest.
The Difference Between a Bench Warrant and an Arrest Warrant
Although both bench warrants and arrest warrants authorize law enforcement officers to arrest an individual and bring them before the court, there are key differences between the two.
A bench warrant is entirely within the discretion of a judge, who can issue it at any time if they believe someone has violated court orders or failed to appear in court as required. On the other hand, an arrest warrant is typically initiated by law enforcement.
Officers file for an arrest warrant when they have probable cause to believe an individual has committed a crime. For example, if video evidence shows someone committing a crime, law enforcement may seek an arrest warrant. A judge reviews the evidence, and if they find it compelling, they will sign and issue the arrest warrant, allowing law enforcement to proceed with the arrest.
Regardless of the type of warrant—whether a bench or an arrest warrant—you should be prepared to be arrested. Consulting with a criminal defense lawyer as soon as you become aware of any warrant against you is critical.
What Happens After a Judge Issues a Bench Warrant?
Once a bench warrant has been issued, law enforcement treats it with the same urgency as an arrest warrant. The police will actively search for the individual named in the warrant to arrest them and bring them to court to face the charges against them.
The speed at which this process unfolds can vary greatly depending on the workload and priorities of the police department in your area. In some cases, law enforcement may act quickly, arresting the individual within 24 hours. In other situations, it could take days, weeks, or even months to apprehend the person. However, as long as a bench warrant is outstanding, the individual must be aware that they could be arrested at any time.
Consequences of Ignoring a Bench Warrant
Ignoring a bench warrant can lead to significant legal consequences. If you fail to address the warrant, the police may eventually find and arrest you, often at the most inconvenient time. Additionally, having a bench warrant on your record can lead to further complications, such as difficulty securing employment, obtaining housing, or passing background checks.
Furthermore, if you are arrested on a bench warrant, you may face additional charges or penalties, such as fines, increased bail, or even a longer jail sentence. The longer you wait to address the warrant, the worse the potential consequences become. Therefore, it is in your best interest to take action as soon as you become aware of the warrant.
How to Address a Bench Warrant
The best way to avoid the complications associated with a bench warrant is to comply with all court orders, attend all scheduled court appearances, and consult a criminal defense attorney.
A lawyer can guide you through the process of turning yourself in, which may help to minimize the consequences you face. In some cases, your lawyer may be able to arrange for you to appear in court voluntarily rather than being arrested.
Your attorney can also advocate on your behalf in court, helping to explain any extenuating circumstances that led to the issuance of the bench warrant.
Here are some common defenses and explanations your lawyer might use:
- Medical Emergencies: If you missed a court appearance due to a sudden medical emergency, such as hospitalization or a severe illness, your attorney can provide medical records as evidence to support this claim.
- Miscommunication or Lack of Notice: In some cases, individuals may not receive proper notice of their court date, or there may be a clerical error that led to confusion about the scheduled appearance.
- Unavoidable Delays: Situations such as car accidents, severe weather conditions, or other unexpected delays can make it impossible to reach the courthouse on time.
- Family Emergencies: Similar to medical emergencies, unexpected family situations, such as the sudden illness or death of a close family member, can prevent someone from appearing in court. Your attorney can present documentation, such as a death certificate or a doctor’s note, to explain your absence and seek leniency from the court.
- Lack of Transportation: If you missed your court date due to a lack of reliable transportation and no feasible alternatives were available, this might be used as a defense.
- Incarceration on Another Charge: If you were detained or incarcerated on another charge at the time of your scheduled court appearance, your attorney can present this as a valid reason for your absence.
- Legal Misunderstandings or Lack of Representation: In some cases, individuals may not fully understand the legal process or the importance of appearing in court, especially if they did not have legal representation.
- Conflicting Court Dates: If you had multiple court appearances scheduled for the same day in different locations, it might have been impossible to attend all of them.
- Personal Hardships: Extreme personal hardships, such as homelessness or severe financial difficulties, may also be presented as a reason for missing a court date.
By presenting these defenses, your lawyer can demonstrate that the bench warrant was issued for understandable and legitimate reasons rather than a willful disregard for the legal process. This approach can help mitigate the consequences you face and, in some cases, result in the dismissal of the warrant or a reduction in any penalties associated with it.
Call McKenzie Law Firm, P.C. Today for Your Free Consultation
A bench warrant means you could be arrested anytime, and facing criminal charges can be an overwhelming experience. A criminal defense lawyer from our team can fight for your rights and help you navigate these challenging circumstances.
We are committed to protecting your future and working towards the best possible outcome for your case. To schedule your free initial consultation and case evaluation with a member of our staff, call us today. Let us fight for you so you can get your life back on track.
