A bench warrant is an order a judge issues when you fail to adhere to the rules of the court, such as missing a scheduled court date for a traffic offense. Your name will be entered into a law enforcement database, which officers will check if you have any type of encounter with them. When they see that there is an arrest warrant for you, they will take you into custody, and you will be held until you post bail.
Clearing the Bench Warrant
To avoid an arrest, which can show up on your record and background check, you can take proactive measures to set aside, or “quash,” the bench warrant. Generally, to have the warrant quashed, you must appear in court and explain the reason that you failed to comply with the initial order. If you’re unable to go in yourself, your attorney may be able to appear on your behalf. However, if you were charged with a felony and you failed to appear in court, you must be present to have the bench warrant quashed.
After the judge hears your case, they could do one of three things:
- Release you with a warning
- Place you in custody without bail
- Place you in custody until you pay bail in full
Although you can appear in court on your own, it is beneficial to have an attorney who can guide you through the process. Your lawyer may be able to help avoid being taken into custody or can fight for a lower bail amount.
Schedule a Free Consultation with The Law Office of Brian C. Andritch
If you failed to appear for a scheduled court date, reach out to our experienced attorney. We will help develop a compelling argument for missing your court date and will work to get the bench warrant quashed.
To speak with our lawyer, call us at (559) 484-2112 or contact us online.
