Bench Warrant Hearing – 5 Key Things to Know

People facing a bench warrant hearing must generally know the following:

1. what it is,
2. what to show a judge,
3. why you should not avoid one,
4. how to know if you are subject to one, and
5. how a criminal defense attorney can help.

A bench warrant in most states is a court order that instructs law enforcement personnel to detain you and hold you in custody until you can be brought before a judge to answer for defying a court order.

The warrant is often issued after someone:

• fails to appear for a required court date,
• disobeys a court order, or
• commits a probation violation.

Note that a bench warrant is a different type of warrant than an arrest warrant. A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.

1. What is a bench warrant hearing?

If you are subject to a bench warrant, you can attend a bench warrant hearing to try and recall or quash the warrant.

Most state courts will not recall or drop a bench warrant on their own. Further, bench warrants do not expire after a certain amount of time. They usually remain in effect until the person subject to the warrant dies.

This means that you typically have to attend a bench warrant hearing in order to recall it.

The court hearing is held before a judge and your goal is to show that your failure to appear for the prior court date was justifiable or excusable.

2. How can you win the hearing?

“Winning” a bench warrant hearing essentially means that you convince the judge that you:

• were justified in missing a previous court date, or
• had a good excuse for not attending it.

You can try to accomplish these goals by showing that you:

• never received a notice to appear in court,
• complied with all the conditions and requirements for a court appearance,
• were unaware that a case had been filed, and/or
• are a different person than the one who was required to attend a prior court date.

3. Can you avoid a hearing?

You should not. If you do not clear a bench warrant, law enforcement personnel have the authority to arrest you and bring you to court.

Once brought to court, the judge can either:

• release you with a warning, or
• place you in county jail.

The judge will usually make this decision after considering your:

• criminal history,
• flight risk, and
• circumstances that led to the bench warrant.

Note that sometimes people are released on their own recognizance after being charged with a crime. This means they do not have to face jail time during their criminal cases, but they still have to attend any mandatory court appearances (such as an arraignment).

If you fail to attend one of these appearances, most jurisdictions say that you are guilty of a misdemeanor offense.¹ The offense is called “failure to appear” or “FTA.”

If you do fail to appear, a judge will issue a bench warrant for your arrest. This act will trigger a bench warrant hearing.

If you avoid a bench warrant hearing in this case, you will have to address the consequences for:

• the issuance of the bench warrant,
• avoiding the bench warrant hearing,
• the misdemeanor case of failing to appear in court, and
• the criminal charges that were originally filed against you.

4. How can you learn if there is a bench warrant in your name?

You can typically check online or call your county courthouse or superior court to see if there is a bench warrant in your name.

You can also search for an outstanding warrant by calling the phone numbers for:

• your state’s Department of Public Safety,
• local law enforcement department or sheriff’s office, or
• a criminal defense lawyer.

5. How can a criminal defense attorney help?

It is critical for you to contact an experienced criminal defense lawyer if you are the subject of a bench warrant.

If you appear in court in an attempt to clear a warrant on your own, the judge does have the option to place you in custody. A lawyer, therefore, is important to help ensure that this does not happen.

A knowledgeable attorney is also helpful because he/she will know:

• the most effective arguments to raise on your behalf at a bench warrant hearing,
• what evidence to offer, and
• the proper steps to take to quash a warrant and keep you out of jail.

Note that most lawyers and law firms provide free consultations. This means you can get legal advice regarding a court hearing without paying a dime.

Further, your communications with a defense attorney are protected by the attorney-client relationship. An attorney cannot disclose your confidences without first getting your consent.

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