why is it good to appoint a criminal lawyer if a bench warrant is put on you

by Karine Walsh I 4 min read

The attorney’s most important role when you first have a Bench Warrant issued for your arrest is to quash the Bench Warrant so you don’t have to risk getting arrested or having cops show up at your house or job.

Full Answer

What do you need to know about a bench warrant?

 · When one is summoned before a court by the judge or magistrate, and the person fails to show up, the judge can issue a document authorizing their arrest. This document is what is called a bench warrant. The term ‘bench warrant’ originates from the person’s failure to appear on the bench before the judge, in a court of law. The bench warrant is also issued if one fails to …

What to do if you have a bench warrant in another state?

 · If you believe that you have a bench warrant out for your arrest, you should speak with an experienced criminal defense attorney to help you resolve the matter. For warrants that involve a misdemeanor, you can hire an attorney to appear in court on your behalf without you being present in court. Your attorney may be able to have the warrant recalled and allow you to …

What happens if you get a bench warrant without bond?

 · There is really only one thing to do if you have a bench warrant in another state. Get an attorney for criminal defense and turn yourself in. The longer you wait, the worse the consequences will become. When an bench warrant is issued for you, it stops the clock on any statute of limitations. generally, they never go away. The only way to get rid of the warrant is …

Do I need an attorney for a failure to appear warrant?

 ¡ In serious criminal cases, an absence of an individual and failure to make an appearance will most likely lead to a regular arrest warrant, which would spur an immediate attempt to find and jail the defendant. A bench warrant, on the other hand, usually does not mean the police will be at your door the next morning.

How do I get rid of a bench warrant in Ohio?

If you are aware that a bench warrant is outstanding, you can call or appear before a court clerk or local police department to arrange to pay bail so that the warrant will be lifted, unless it is a no-bail warrant.

How long does a misdemeanor warrant stay active in North Carolina?

North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.

How long does a warrant stay active in Texas?

A Ramey warrant usually expires after 90 days from the date it was issued.

How long does a warrant stay active in Georgia?

No, arrest warrants generally do not expire. Once they have been issued, a law enforcement officer can execute them whenever he or she next encounters the subject of the warrant. This can happen right after the warrant is issued, or months or even years afterward. It usually happens at a traffic stop.

How long do you stay in jail for a bench warrant?

For defendants facing a criminal charge, a bench warrant can hold them in jail until the completion of their trial. This is often several months. If convicted for the underlying offense that led to the warrant, the defendant could face more time in jail. Bench warrants, themselves, do not carry any jail time.

Do misdemeanor warrants expire?

Misdemeanor arrest warrants are identical to bench warrants in that they do not expire.

How do you get a warrant lifted in Texas?

Tkach, can get your Texas warrant lifted by posting an attorney bond that will lift the warrant and go to court to fight for a dismissal of the traffic ticket.

What is a bench warrant in Texas?

A bench warrant is issued by the court system if a person is in contempt of court. This means a person didn't appear in court for their scheduled hearing, disobeyed a court subpoena to appear in court, or failed to comply with a court order.

Can I get an ID in Texas if I have a warrant?

Can You Get an ID Card/Driver's License With a Warrant? No, it is unlikely that a DMV employee will give you a new license or renew an old one if you have a warrant. The majority of state policies say that driving or traveling are privileges for people without outstanding warrants.

What is a bench warrant in Georgia?

A bench warrant is an order issued by a judge for failing to appear in court on a particular scheduled date. I am attorney Thomas C. Nagel, and I have 25 years' experience helping clients resolve bench warrants throughout the State of Georgia.

What is bench warrant?

A bench warrant is a process or a legal document issued by the court itself or from the “bench” for the detainment or arrest of a person in a criminal or civil court proceeding, either in a case of contempt, especially when the criminal defendant is on bail or a witness under subpoena does not appear for trial, or ...

Are warrants public record in GA?

Arrest warrants in the Peach State are public record unless the criminal record is sealed or restricted under Georgia law. You can find an arrest warrant by checking local law enforcement and court websites, which maintain current databases.

What Is The Role Of An Attorney in Bench Warrant Cases?

The attorney’s most important role when you first have a Bench Warrant issued for your arrest is to quash the Bench Warrant so you don’t have to risk getting arrested or having cops show up at your house or job.

As A Lawyer, How Do You Handle Bench Warrants?

When I have a client who has a Bench Warrant due to a missed court appearance the first thing I do is schedule a time for a walk-in Bench Warrant return.

What Can An Attorney Do For An Individual With a Bench Warrant?

The first thing that an attorney can do is talk with the defendant about the circumstances that led up to him missing his hearing and gather together helpful documentations that can be presented to the judge. The goal that the lawyer is trying to reach is persuading the judge to not hold that defendant in jail while the case is pending.

Why Do Clients Choose To Work With You In Failure To Appear Cases?

I deal with these situations pretty frequently and one thing that is appealing to people who have open Bench Warrants is a lawyer who knows the DC system and knows the judges and administrative staff who would be involved in working out a walk-in Bench Warrant return.

What is bench warrant?

A bench warrant is a legal document that authorizes a law enforcement officer to arrest a person. This can be an arrest warrant. You’re arrested, handcuffed, and put in a holding cell before and then brought in front of the judge. When a court finds that there is probable cause to think you have committed a crime, it issues an “arrest warrant”.

Do bench warrants go away?

When an bench warrant is issued for you, it stops the clock on any statute of limitations. generally, they never go away. The only way to get rid of the warrant is for you, or your attorney, to show up in court.

What is an out of state warrant?

What is an Out of State Bench Warrant? A bench warrant is a legal document that authorizes a law enforcement officer to arrest a person. This can be an arrest warrant. You’re arrested, handcuffed, and put in a holding cell before and then brought in front of the judge.

Is there a warrant for arrest?

A warrant is now issued for your arrest. Your case gets entered into the FBI’s National Crime Information Center database. It will be available to every law enforcement officer in the country who wants to run your I.D.

Is a misdemeanor a felony?

A misdemeanor is a “lesser” offense. What constitutes a misdemeanor varies from state to state and even across time. If you got a bench warrant for a crime that used to be a felony ( like marijuana possession in some states), but which is now a misdemeanor, you still have a felony warrant for your arrest!

Do public defenders get a bad rap?

Public defenders get a bad rap, but they really do try their best. It’s part of the profession. It’s the foundation of any attorney’s career to try and uphold justice.

What does "competent" mean in a case?

“Competent” means a different thing when you’re paying for it, and when the person is losing money and taking time out of their day to defend you. A pro bono attorney will do his best to represent you, but he has limited resources and limited time to work on your case.

What is bench warrant?

A bench warrant is a type of warran t that is ordered by a judge against the defendant in a criminal case or a similar proceeding such as for a traffic ticket. A bench warrant is typically issued in the case of a failure of an individual to appear for trial, sometimes abbreviated “FTA.”.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

What is a bench warrant?

Bench warrants are issued when you do not do something that the Court has ordered you to do. For example: The Judge sets a hearing date - and you do not show up. The Judge orders you to appear for an interview with probation prior to sentencing - and you do not attend. The Judge sentenced you to probation - and you do not fulfill the conditions ...

What to do if you forgot your court date?

If as in most circumstances you forgot about the court date, overslept, got stuck in traffic, the baby got sick, or you have some other explanation, contact your lawyer as soon as possible. If you can get to the Court that same day, do it. If you can get to the appointment, even if you're late, do it. All efforts you make to mitigate this, can be ...

What to do if you are late to an appointment?

If you can get to the appointment, even if you're late, do it. All efforts you make to mitigate this, can be used to support an argument that it was not intentional. Turning yourself in, without making the cops come and find you shows the judge that you did not intend to miss the date, or other obligation. Make sure you tell the Judge that it was ...

What is a bench warrant?

A bench warrant is a warrant directing law enforcement to take a person into custody and bring the person before the court to address the reason the warrant was issued.

What are warrants issued for?

Why Are Warrants Issued? 1 Bench warrant. A bench warrant is a warrant directing law enforcement to take a person into custody and bring the person before the court to address the reason the warrant was issued. Courts most commonly issue bench warrants for failure to appear, for violating probation, or for failure to comply with a court order to pay a fine, complete community service, pay child support, or do some other act. If you are picked up on a warrant, you could be held in jail until the court has a hearing on your case, or you could be required to post a high bond and pay court fees. 2 Arrest warrant. If the police have enough evidence that you committed a crime, an officer or detective can request that the court issue a warrant for your arrest. Once in custody, you can be held without bail until an arraignment, release hearing, or similar proceeding.

What happens if you don't appear in court?

Depending on the charges, you may be required to appear several times during a criminal case – for an arraignment, pre-trial conference, hearing, trial, sentencing, or other proceeding. If you do not appear as ordered, you have violated the court order and the judge can charge you with the crime of failure to appear or contempt of court.

What to do if you don't show up for court hearing?

If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend (as a defendant or a witness), the most important thing to do is take action immediately. When you didn't show up, the judge may have issued a bench warrant for your arrest.

What to do if you missed a court appearance?

If you know you missed a court appearance or discover a court has issued a warrant against you, you don't have to wait, worry, and wonder when you may be taken into custody. Consult with an attorney immediately. Alternatives to going directly to jail may be available to you, such as:

Can police take you into custody?

This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.

Can you be held without bail?

If the police have enough evidence that you committed a crime, an officer or detective can request that the court issue a warrant for your arrest. Once in custody, you can be held without bail until an arraignment, release hearing, or similar proceeding.

Can a background check lead to a bench warrant?

GET HELP EARLY. Since a bench warrant is a court record, a background search may lead to the bench warrant, though most job searches only seek crimes. An outstanding warrant also prevents you from leaving the state or country, when your identification is logged into computer systems at airports, borders, or other checkpoints.

What is bench warrant?

A bench warrant issues when the court staff prepares the warrant paperwork, the judge signs it, and law enforcement uses it to arrest you. Law enforcement are notified through their computer systems of the warrant. A copy is typically mailed to you.

What happens if you don't show up for court date?

Though the oversight seems insignificant, your failure to show up for your court date likely caused a judge to issue a bench warrant to arrest you for failure to appear or criminal contempt of court.

How to turn yourself in if you missed court date?

It is best to call the court clerk in advance to notify the court of your intention to turn yourself in. You may have to schedule a hearing to show proof of compliance with an order or pay fines to clear up your outstanding matter, or both. If you appear in court to explain your honest mistake or unfortunate circumstances, the judge may recall the warrant, depending on how serious the charges are against you or how long you waited to clear up the warrant. Multiple warrants are less likely to inspire leniency.

Can you be arrested at home?

You may be arrested at home, at your job, or another location, in state or out. More likely, however, a bench warrant catches up with you when you least expect it, during a routine traffic stop. If you suspect a warrant has been issued for your arrest, you probably can verify it online.

Can a judge recall a warrant?

If you appear in court to explain your honest mistake or unfortunate circumstances, the judge may recall the warrant, depending on how serious the charges are against you or how long you waited to clear up the warrant. Multiple warrants are less likely to inspire leniency.

What happens if you miss a court date?

When you miss a court date, you may be subject to a fine, license suspension, bail revocation, jail, or prison time for contempt. Ultimately, the bench warrant is issued to compel your appearance before the judge. A bench warrant issues when the court staff prepares the warrant paperwork, the judge signs it, and law enforcement uses it ...

Brian Russell Michaels

All depends on what the FTA was for. If it was for a traffic offense it is fairly easy to do. Just call around.

Michael Sean Devereux

FTA for a felony, a misdemeanor or a infraction like a traffic ticket. If it's for a traffic ticket then it is highly unlikely that you will need an attorney. Walk to the clerk's window and ask for the matter to be put back on calendar.

Ryan Patrick Murphy

First step is to recall the warrant. Either you or your attorney can place the matter on calendar, explain the reason for the FTA, and hopefully have the warrant recalled. After that, now it's time to fight the ticket.

Jay Scott Finnecy

YES, an attorney may appear in court for you to request that the warrant be recalled and the FTA cleared. After that, you will get your license when the fine is paid in full.

Wei-Hua Wang

A lawyer can put you on calendar to appear on the warrant. In some counties, the clerks are able to recall the warrant. in others, the warrant will remain outstanding until the appearance. If this is a misdemeanor, the lawyer can appear on your behalf (again, subject to some local rules requiring personal appearance).

David S. Kestenbaum

We cannot quote fees on this site. I recommend you set up an appointment with one of the fine lawyers here on AVVO by going to the find a lawyer tab.#N#We would need to know what the bench warrant is for. Failures to Appear are for traffic tickets.

Ronald Daniel Hedding

An attorney can go to court with you and ask the Clerk to pull your file and send it into the court room. The attorney will then express to the Judge your reason for not appearing and hopefully convince the Judge not to remand you into custody.