How to clear a bench warrant without going to jail?

A bench warrant (“BW”) is a warrant to arrest and detain you if you have either failed to appear in court or failed to obey a court order.

You can clear a bench warrant by either:

• appearing in court before the judge, or
• possibly having your attorney appear in court on your behalf.

Please note that if you are trying to clear a BW, it is critical to contact an experienced criminal defense attorney for help.

If a bench warrant does not get cleared, you risk getting arrested and a judge may:

• release you with a warning, or
• order you into jail.

What is a bench warrant?

“Bench warrants” are issued from “the bench,” which means the judge. They are not issued because of suspected criminal activity. Rather, a judge authorizes a BW typically because you allegedly failed to:

• appear in court,
• pay a fine, or
• obey a court order.

How do I clear a bench warrant?

Clearing a BW is also referred to as “recalling” or “quashing” one. Quashing a bench warrant means having it cleared from the judicial system.

You must appear in court in order to recall a warrant.

Usually, you can have your attorney appear in court on your behalf, provided that:

• you failed to appear for a court appearance, or
• you failed to make a payment in connection with a misdemeanor offense.

If, though, you failed to obey a court order that arose out of a felony case, you usually must be present in court personally (with or without an attorney) in order to clear a BW.

In trying to quash a bench warrant, you (or your attorney) can try to do so by arguing that:

1. you never received a notice to appear in court,
2. you complied with all the conditions and requirements within a court order,
3. you were unaware that a case had been filed, and/or,
4. there has been a mistake in identity.

Should I consult with an attorney before quashing a warrant?

It is critical to contact an experienced warrants attorney when trying to recall a BW.

Please note that if you appear in court in an attempt to clear a warrant, the judge does have the option to place you in custody. Thus, a lawyer is important to help ensure that this does not happen.

A knowledgeable attorney is also helpful because they will know:

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

What happens if a bench warrant does not get recalled?

If you do not clear a BW, 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 custody.

The judge will make this decision after considering your:

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