What is a bench warrant?
A bench warrant is a legal document issued directly by a judge. Typically, a judge will order a bench warrant when someone fails to comply with a court order, such as missing a court date.
Ignoring a bench warrant isn’t a good idea. It can lead to arrest and further legal complications, so it’s in your best interest to check for bench warrants regularly.
This article will walk you through how to check for bench warrants, understand what they mean, and what to do if you find one with your name on it.
To make this guide as helpful as possible, we’ll cover information relevant to bench warrants in Georgia, Florida, and Michigan, offering a comparative overview of how bench warrants work in each state.
What is a Bench Warrant?
A bench warrant is basically an order from a judge that tells law enforcement to arrest you and bring you to court. Judges usually issue them when someone doesn’t show up for court, violates their probation, or ignores a court order.
Here are some common reasons why a judge might issue a bench warrant:
- Failure to Appear: Missing a court date is the big one.
- Violation of Probation: Not following the rules of your probation.
- Failure to Pay Fines: Ignoring court-ordered fines.
- Contempt of Court: Acting disrespectfully in court or refusing to follow a judge’s instructions.
Having a bench warrant out for your arrest can have serious consequences:
- Immediate Arrest: Police can arrest you pretty much anywhere, anytime.
- Additional Charges: You could face new charges for failing to appear in court.
- Loss of Privileges: Your driver’s license or other privileges might be suspended.
- Difficulty Finding a Job: Warrants often show up on background checks.
Checking for Bench Warrants: A State-by-State Guide
Because law enforcement is generally handled at the local or state level, there’s no national database you can search to find out if you have an outstanding bench warrant. Instead, you’ll need to check with the specific state or county where you think the warrant might have been issued. Here’s a brief rundown of how you can search for warrants in a few key states:
Georgia
Generally, warrants in Georgia are considered public records under the state’s Open Records Act.
To search for warrants in Georgia:
- There’s no statewide warrant database, so you’ll need to contact the Sheriff’s office or courthouse in the county where you think the warrant was issued.
- Some counties may have online search tools, while others require you to visit in person or call.
- When you contact the relevant authorities, be ready to provide your name, date of birth, and case number (if you know it).
You can check the websites of the local Sheriff’s Offices and Clerk of Courts. Keep in mind that there are private companies that offer warrant searches for a fee. These services may or may not be reliable.
Florida
To search for warrants in Florida, you can check these online resources:
- The Florida Department of Law Enforcement (FDLE) website
- The Clerk of Court websites for the relevant county
- Sheriff’s Office websites
You can also contact the Clerk of Court directly for warrant information. Contacting local law enforcement agencies is another option, but you should proceed with caution.
Michigan
In Michigan, court records are generally subject to the Freedom of Information Act (FOIA) and other specific statutes.
Here’s how to search for warrants in Michigan:
- Contact the court clerk’s office in the county or municipality where you think the warrant was issued.
- Use the MIcourt case search portal for free warrant searches.
The MIcourt case search portal is your best bet for finding warrant information online. Third-party services may offer broader searches, but they often charge a fee.
What information is on a bench warrant?
Bench warrants contain specific pieces of information to accurately identify the person sought and the reason for the warrant’s issuance. Here’s a breakdown of the key elements you’ll typically find:
- Name: The full name of the individual for whom the warrant is issued.
- Identifying Information: Date of birth, and potentially other identifiers like address or physical description.
- Charge: The specific legal charge or reason why the warrant was issued (e.g., failure to appear in court).
- Issuing Court: The name of the court that issued the warrant.
- Judge’s Signature: The signature of the judge who authorized the warrant.
- Case Number: The unique case number associated with the legal matter.
It’s essential to double-check any warrant information to make sure it actually pertains to you. Errors happen, and incorrect information could lead to a wrongful arrest.
Uh oh, I think I found a bench warrant. What do I do?
Finding out there’s a bench warrant out for your arrest can be stressful, but here’s what you should do:
- Don’t ignore it. Pretending it doesn’t exist will only make things worse. The longer you wait, the more serious the consequences could be.
- Call a criminal defense attorney immediately. An attorney can explain your rights and go over your options. They can also help you navigate the legal system.
Here’s how a lawyer can help:
- Explain your rights: A lawyer can explain the warrant, the charges against you, and what could happen next.
- Negotiate surrender: Your lawyer can contact law enforcement and work out the terms of your surrender. This may include the time, date, and location.
- File motions: Your lawyer can file legal documents to try to get the warrant withdrawn (quashed) or address the reason the warrant was issued.
- Build a defense: Your lawyer can help you prepare a defense and represent you in court.
Voluntary Surrender: Talk to your lawyer about turning yourself in. By voluntarily surrendering, you show the court that you’re cooperating. Your lawyer can arrange a time and place to surrender that minimizes any disruption to your life.
The bottom line: If you’re dealing with a bench warrant, get advice from a licensed attorney. They’ll help you protect your rights and work toward the best possible outcome.
Frequently Asked Questions
How do I search for a bench warrant?
Okay, so if you’re looking to see if you have a bench warrant, the most reliable way is to contact the clerk of the court in the county where you think the warrant might have been issued. You can also check with the local sheriff’s department. Keep in mind that online searches can be unreliable, so going directly to the source is your best bet. If you’re unsure where the warrant might be, you may need to check multiple jurisdictions.
How to look up federal warrants?
Federal warrants are a bit trickier. There isn’t a central database you can just search. Typically, you’d need to consult with a legal professional who can then investigate on your behalf. They can potentially access information through court records or by contacting the relevant federal agencies. It’s definitely not something you can easily do on your own.
How can I check if I have a warrant in the US?
The process is similar to checking for a bench warrant. Start by contacting the court or law enforcement agencies in the areas where you’ve resided or where you think a warrant might exist. Again, be cautious about relying solely on online searches. If you’re concerned about potentially facing arrest, seeking advice from an attorney is always a wise move. They can help you understand your rights and navigate the situation safely.
Key Takeaways
If you suspect there’s a bench warrant out for your arrest, it’s important to take action quickly. Ignoring a warrant won’t make it go away. In fact, it can lead to serious legal trouble and even jail time.
The best thing you can do is seek legal counsel. A qualified criminal defense attorney can help you understand the warrant process and protect your rights.
Remember the key steps: check for warrants using official sources, understand the details of the warrant, and take appropriate action, such as contacting an attorney or turning yourself in.
By being informed and proactive, you can manage and resolve any bench warrant issues you may be facing and move forward with your life.