Can You Avoid Going To Jail After A Bench Warrant?

A bench warrant is a legal command that a judge normally gives when a person has not gone to court as ordered.

As opposed to arrest warrants that are issued for suspects of crimes, a bench warrant is usually a result of non-criminal or procedural matters, such as a failure to appear at a court hearing, pay a fine, or comply with a subpoena.

Although it may seem that a bench warrant is of a lesser nature, it is still a serious matter. For instance, it may lead to your arrest at any time, while the police stop you even for a traffic violation.

I really have to emphasize the point of taking care of a bench warrant as soon as possible. Not dealing with it can escalate the situation, and you might find yourself in a position where you receive more severe punishments, including money, jail, or more charges. 

Luckily, legal professionals are there to assist you in this. A lawyer will show you the way to the warrant and help you lessen its effects.

In this article, I will talk about the following things:

• What is a bench warrant?
• What happens when you get a bench warrant?
• The difference between a bench warrant vs arrest warrant.
• What kind of lawyer can help you with a bench warrant?

So, if these are some of the things that you want to know, keep on reading this blog till the end…

What Is A Bench Warrant?

Like I told you, a bench warrant is a type of court order, in which the judge himself directly singles out, usually due to someone’s disregard of the court’s requirements.

According to the Legal Institute Information, it 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.”

In contrast to an arrest warrant, which is made for criminal purposes, a bench warrant mainly deals with those who do not comply with the court rules. To be more specific, it does not touch upon criminal proceedings.

Suppose in a situation you fail to attend your court date that has been scheduled or you don’t pay the fine, or you don’t care about the subpoena; judges can issue a bench warrant in these cases to force the person to come.

On the off chance that a bench warrant has been issued against you, you can be arrested anytime by the police, whether they are stopping your vehicle for a routine check or they come to your house or office.

Bench warrants are meant to be the tool through which the courts can maintain their authority and ensure that the orders they issue are followed. If you find out that there is a bench warrant for you, you must take the necessary steps without delay.

The truth is, an accomplished lawyer can guide you through the maze of your legal rights and in the end, the problem will fall straight within the authorities ‘ limits and will never get out of its limits.

What Happens When You Get a Bench Warrant?

Several legal and personal consequences can follow if a bench warrant is issued against you. Here’s what you can expect:  

• Risk of Immediate Arrest.
• Entry Into Law Enforcement Databases.
• Suspension of Driver’s License.
• Additional Fines and Penalties.
• Difficulty Posting Bail.
• Damage to Your Reputation.

Which Lawyer Can Help You With A Bench Warrant? 

A suitable lawyer can create a huge difference if you have a bench warrant. In such cases, it is a criminal defense attorney who is the most competent person to solve all the problems related to bench warrants.

These lawyers work with the primary goal of safeguarding the rights of people and, at the same time, skillfully maneuver through the legal labyrinth.

They are very good at faulting the primary cause of the warrant. In addition to missed court appearances, the authors may have also mentioned unpaid fines and/or other non-compliance with regulations as additional reasons for the occurrence of the warrant.

They may look at your problem, tell you what you can do, and prepare a master plan to get the warrant off your back with as little trouble as possible.

Consequently, they could be more efficient in helping you reschedule your court appearance or in talking to the judge on your behalf to get a sentence other than incarceration.

Suppose your bench warrant was issued in connection with a family law matter, for example, custody or child support issues. It would be more appropriate for a family law attorney to explain better how to get out of the situation.

In the same way, a tax attorney would be the right person to help in a tax-related case if the warrant is related to unpaid taxes.

The only guarantee that you will have someone who understands the laws related to your issue is by hiring the right lawyer. They can help you get rid of the warrant, pay the fines, and at the same time, prevent you from getting into other legal problems.

Bench Warrant Vs Arrest Warrant: Are They Different?

While both bench warrants and arrest warrants authorize law enforcement to detain individuals, they differ in purpose, issuance, and circumstances.

Understanding these distinctions can help you navigate legal situations more effectively.  

Here’s what you need to know about their differences:

Criteria	Bench Warrant	Arrest Warrant
Purpose	Enforce compliance with court orders	Apprehend individuals suspected of crimes
Issued By	Judge, typically during court proceedings	Judge, based on law enforcement request
Violation Type	Non-compliance (e.g., missed court dates)	Criminal activity or suspicion
Consequences	Fines, detention, license suspension	Arrest, charges, and legal proceedings
Focus	Judicial process	Criminal justice system

Can You Avoid A Bench Warrant?

Sure, it is possible to stay away from the bench warrant. However, it will demand that you act as soon as possible and know what your legal obligations are.

The smartest method of blocking a bench warrant is by engaging with all the directives given by the court. Attend not only the first but also each of the following court appearances, go on time with your payments of penalties or fees, and give immediate replies to the requests or summons.

Of course, if you are unable to attend court due to a legitimate reason, such as an emergency, then you can notify the court ahead of time so that they can reschedule your appearance. Courts will not issue bench warrants if the person in question is clear in his communication and takes proactive measures.

How Long Do You Stay In Jail For A Bench Warrant?

The time you will spend in jail because of a bench warrant depends on the type of the original crime and the judge’s decision.

For example, if the bench warrant is for a minor offense like an unpaid traffic ticket or a missed court date, you can be held for a few hours or several days until the judge sees you.

The period of jail may be longer if the offense is serious and you or your lawyer do not resolve the matter, or bail is not set and paid.

Besides, in some situations, the violators are so brazen that they keep breaking the rules or completely disregard the warrant. This, consequently, will make them suffer the toughest penalties as well as the longest incarceration.

How To Clear A Bench Warrant Without Going To Jail?

Yes, it is possible to clear a bench warrant without going to jail but the process involves taking swift and tactical steps:

• Contact an Attorney: Employ a lawyer to escort you through the process. They will be the ones to liaise with the court on your behalf and present your case in the best way possible.
• Voluntary Court Appearance: Instead of being caught, you should go to court on your own initiative. That will demonstrate your accountability and might be a reason to less jail time.
• Request a Hearing: With the help of your lawyer, you can submit a request to the court for a hearing to deal with the warrant. The judge might think about a jail time waiver if you give good reasons for not following the law.
• Resolve Outstanding Issues: Suppose the warrant is for the unpaid part of the fine, then pay it off by installments before going to court to show that you are committed to solving the problem.
• File a Motion: Your attorney, in certain situations, can file a motion aiming at canceling the bench warrant, particularly if it was issued as a result of a misunderstanding or due to an administrative error.

Following through these steps may resolve the issue in a timely manner and keep away from further entanglements.

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