A bench warrant is an order issued by a judge that directs law enforcement to arrest someone. It’s usually issued when someone fails to appear in court or doesn’t comply with a court order.
If you’re wondering what a bench warrant meaning is, what the consequences are, and how it’s different from other kinds of warrants, then you’ve come to the right place. We’ll also cover what you can do to resolve a bench warrant if one has been issued in your name.
What is a Bench Warrant?
A bench warrant is an order issued directly from the bench (hence the name) by a judge or magistrate.
Most often, a bench warrant is issued because someone didn’t show up for a court date (failure to appear, or FTA) or because they haven’t complied with a court order.
Here are a few examples of situations that could lead to a bench warrant:
- Missing your court date for a traffic ticket
- Not paying child support as ordered by the court
- Violating the terms of your probation
How a Bench Warrant Works
A bench warrant gives law enforcement the authority to arrest you. Once a bench warrant is issued, your name is entered into a national law enforcement database, meaning that you risk arrest any time you interact with a police officer.
Bench warrant vs. arrest warrant
Bench warrants and arrest warrants both allow law enforcement to take you into custody, but they’re different in a few key ways:
- A bench warrant is issued by a judge when you fail to follow a court order. The police don’t need evidence that you committed a crime.
- An arrest warrant requires probable cause. It’s issued when law enforcement has evidence that you’ve committed a crime.
Bench warrants can come from civil or criminal cases, while arrest warrants are usually associated with criminal cases. Once a bench warrant is issued, your name goes into a statewide system, and you could be arrested any time you interact with law enforcement.
Consequences of a Bench Warrant
A bench warrant is serious business. Here’s what can happen if one’s been issued in your name.
Immediate Arrest and Detention
If you have a bench warrant out for you, you run the risk of being arrested at any time. In most cases, you’ll have to post bail to be released. Ignoring a court order can also bring additional penalties, such as fines, license suspension, or even more time in detention.
Impact on Legal Proceedings
An outstanding bench warrant can make any ongoing legal case a lot more complicated. It makes it harder to resolve any legal issue efficiently, and it can even lead to harsher penalties in the original case that triggered the warrant.
Potential Travel Restrictions
Traveling when there’s a bench warrant with your name on it is always a risk. You could be apprehended at a border crossing or even during a routine traffic stop.
How to resolve a bench warrant
If you think there might be a bench warrant out for your arrest, here’s what you can do to resolve it:
Take proactive steps
- Contact the court or police department. Find out whether the warrant is still active and what you need to do to resolve it.
- Voluntarily appear in court. If you can, go to the court and explain the situation.
- Contact an attorney right away. A criminal defense attorney can advise you of your rights and help you navigate the legal system.
How an attorney can help
- Provide legal guidance. An attorney can explain the law and help you understand your options.
- Represent you in court. A lawyer can speak on your behalf and make sure your rights are protected.
- Negotiate with the court. An attorney may be able to resolve the warrant without you even having to appear in court.
- Help you with self-surrender. If you need to turn yourself in, an attorney can make sure the process goes smoothly and can help you get your bond reinstated.
Frequently Asked Questions
How long does a bench warrant last in Nevada?
In Nevada, a bench warrant generally remains active indefinitely. Unlike some other types of warrants, a bench warrant doesn’t typically expire. It stays in the system until it’s either recalled by the court or executed. This means you could be arrested on that warrant years after it was issued, so it’s crucial to address it as soon as possible. You should contact a Nevada attorney to determine your best course of action.
Can you get a job with a bench warrant?
Having a bench warrant outstanding can definitely complicate your job search and employment. While it might not directly show up on every background check, the possibility of being arrested on the warrant is a significant risk. An employer might be understanding, but they may be hesitant to hire someone who could be taken into custody at any time. Depending on the nature of the warrant and the job, it could also raise concerns about trustworthiness or reliability. It’s always best to resolve the warrant before actively seeking employment to avoid potential issues.
Final Thoughts
To sum it up, a bench warrant is an order from a judge that compels law enforcement to take you into custody. Because a bench warrant is a serious legal matter, you should seek legal counsel immediately.
An experienced lawyer can help you understand your rights and work to resolve the situation quickly and effectively.