Dealing with a bench warrant can be an intimidating experience, but understanding how to properly address it is crucial to avoiding unnecessary jail time. Here’s a comprehensive guide on what bench warrants are, how they can be resolved, and the importance of legal representation in these situations. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What is a Bench Warrant?
A bench warrant is issued directly by a judge (“from the bench”) and is typically not related to new criminal activity, but rather to failures to comply with court orders. You might receive a bench warrant for reasons such as failing to:
- Appear in court on a scheduled date,
- Pay a court-ordered fine,
- Comply with other court orders.
Unlike arrest warrants, which are issued based on probable cause of criminal activity, bench warrants are issued due to procedural noncompliance.
Steps to Clear a Bench Warrant
Clearing, or “quashing,” a bench warrant means having it removed from the judicial system. This is essential to avoid the risk of arrest and potential jail time. Here are the steps you should follow:
1. Court Appearance
The primary method to quash a bench warrant is by appearing in court. This can often be managed through an attorney, especially if the warrant was issued for missing a court date or failing to pay a fine related to a misdemeanor. For more serious matters, such as those involving felonies, you may need to appear in person, even if you have legal representation.
2. Legal Representation
Hiring an experienced criminal defense attorney is critical when addressing a bench warrant. A knowledgeable lawyer can appear in court on your behalf and make compelling arguments for why the bench warrant should be quashed. This is especially important because appearing in court to address a warrant carries the risk of being taken into custody.
3. Prepare Your Defense
If you’re required to appear in court, either alone or with your attorney, preparing a defense is key. Possible defenses include:
- Lack of notice about the court appearance,
- Compliance with all court orders and conditions,
- Unawareness of the case filing,
- Mistaken identity.
A skilled attorney will know the best defenses based on your specific circumstances and can present evidence effectively to support your case.
Risks of Ignoring a Bench Warrant
Ignoring a bench warrant does not make it go away; it increases the likelihood of complications. Law enforcement has the authority to arrest individuals with outstanding warrants, bringing them directly to court. Upon your appearance in court, the judge may:
- Issue a warning and release you,
- Decide to place you in custody depending on factors like your criminal history, flight risk, and the specifics behind the bench warrant.
Consulting an Attorney: Your Best Strategy
Given the potential for immediate arrest and the complexities involved in quashing a bench warrant, consulting with an experienced attorney is your best strategy. An attorney can provide:
- Expertise on court procedures and warrant quashing,
- Effective negotiation to minimize the chance of custody,
- Guidance on complying with court requirements to prevent future issues.
If you or someone you know is dealing with a bench warrant, it’s advisable to act quickly to resolve the matter legally and efficiently. Contact Chambers Law Firm at 714-760-4088 for a free consultation to discuss your specific case and explore your legal options. Handling a bench warrant with professional legal help can significantly reduce the stress of the situation and help maintain your freedom and legal record.
