In the legal system, a warrant is a document that gives law enforcement the right to take specific actions, like making an arrest or searching a location. There are different kinds of warrants, and it’s important to understand the differences.
A bench warrant is a specific type of warrant issued directly by a judge from the “bench” in their courtroom. So, what is a bench warrant exactly, and what happens if one is issued in your name?
This article will give you a complete overview of bench warrants: why they’re issued, what they mean for you, and what you can do if you have one.
What is a bench warrant?
A bench warrant is an order signed by a judge that directs law enforcement officers to arrest someone.
Most of the time, a bench warrant is issued when a person doesn’t show up for a court date. But it can also be issued if you fail to pay fines or otherwise don’t follow a court order.
Bench warrants vs. arrest warrants
It’s easy to confuse a bench warrant with an arrest warrant, but there are some key differences.
Typically, arrest warrants are issued after a District Attorney presents charges that are supported by probable cause. That often happens after a grand jury indictment or a citizen complaint.
Bench warrants, on the other hand, are issued directly by a judge when someone doesn’t comply with a court order.
Once a bench warrant is issued, it’s usually entered into a statewide system, which means that any law enforcement officer in the state can arrest you.
Why do judges issue bench warrants?
Judges issue bench warrants for a few key reasons:
- Failure to Appear in Court: This is the most common reason. If you’re ordered to appear in court for anything – an arraignment, a pre-trial hearing, or the trial itself – and you don’t show up, the judge will likely issue a bench warrant for your arrest.
- Violation of Probation: If you’re on probation, you have to follow specific rules. Breaking those rules can lead a judge to issue a bench warrant.
- Failure to Pay Fines or Court Costs: Judges can issue bench warrants if you don’t pay court-ordered fines or restitution.
- Failure to Comply with Other Court Orders: This could include not completing community service, not attending required programs, or violating any other order the court has issued.
What happens if a bench warrant is issued for my arrest?
Once a judge signs a bench warrant, law enforcement is responsible for carrying it out. That typically means the police will arrest you.
Depending on the reason for the warrant, you might have to pay bail before you’re released. You’ll also be given a new court date.
Ignoring a bench warrant can lead to more serious legal consequences. The longer you wait to take care of it, the worse the situation can become.
Outstanding bench warrants can affect future court proceedings. For instance, if you’re hoping to expunge something from your record, an active warrant can keep that from happening.
Depending on the circumstances, a bench warrant can lead to extradition if you’re apprehended in another state.
How to handle a bench warrant
Finding out there’s a bench warrant out for your arrest can be stressful. Here’s what you should do.
Get legal advice
It’s always a good idea to talk to a criminal defense attorney. An attorney can explain your rights and help you understand what’s happening.
An attorney can also help you navigate what can be a complicated legal process.
Take action right away
Whatever you do, don’t ignore the warrant. If you do, you could be arrested and face even more serious legal trouble.
You can also contact the court clerk or police department to make arrangements to pay bail and clear the warrant.
It’s often a good idea to voluntarily turn yourself in. Doing so may minimize the consequences you face.
Defenses for missing court
There are many reasons people miss court appearances, and some of those reasons can serve as a legal defense. Here are a few:
- Medical emergency
- Miscommunication
- Unavoidable delay
- Family emergency
- Lack of transportation
- Incarceration on another charge
- Legal misunderstanding or lack of representation
- Conflicting court dates
- Personal hardship
An attorney can present these defenses to the court. If you have a valid reason for missing court, the judge may return your bail money or credit it toward any fines you owe.
Frequently Asked Questions
How long does a bench warrant last in Michigan?
In Michigan, a bench warrant typically remains active indefinitely. This means it doesn’t expire or automatically get cleared after a certain period. It stays in the system until it’s addressed by the court. The best way to resolve it is to contact the court that issued the warrant or consult with an attorney to understand your options and how to proceed.
Can you pay off a bench warrant in Georgia?
Generally, you can’t simply “pay off” a bench warrant in Georgia. A bench warrant is issued because you failed to appear in court or violated a court order. While paying outstanding fines or restitution might be part of the resolution, you’ll typically need to appear before a judge to explain the reason for your non-compliance. The judge will then decide how to proceed, which could involve fines, jail time, or other penalties. It’s advisable to seek legal counsel to navigate this process effectively.
In Closing
A bench warrant is an order issued by a judge that directs law enforcement to immediately arrest a person. It’s typically issued when someone fails to appear in court as ordered.
If you think there might be a bench warrant out for your arrest, contact a qualified attorney right away. Your attorney can advise you about your rights and help you understand the charges against you. They can also contact the court or the police department on your behalf.
If you missed a court appearance, gather any information that might explain why. For example, were you in the hospital? Did you have a flat tire on the way to court? You’ll also want to gather any evidence that supports your defense against the underlying charges.
Ignoring a bench warrant won’t make it go away. In fact, it can make things worse. The best thing to do is to address it promptly and work with an attorney to resolve the situation as quickly and efficiently as possible.