A bench warrant is a warrant issued by a judge during the course of ongoing court proceedings. A common situation in which a bench warrant issues is when a defendant in a criminal case fails to show up for a court date. From the bench, the judge issues a warrant directing law enforcement to bring the individual to the court (to the judge) as soon as possible. If you learn that a bench warrant is outstanding, you can take action to avoid being arrested.
Instructions
1. Hire an attorney. Depending on the reason the bench warrant is issued, you can hire an attorney to contact the judge to have the arrest warrant quashed. Quashing a warrant occurs when a judge cancels it.
2. Obtain a new court date from your lawyer. Make certain that you are present for that court date. If you miss more than one court date, the judge will not recall the warrant and will demand your arrest. You potentially can end up spending more than a few days in jail and you definitely will face posting a bond in order to get released.
3. Appear at the judge's office. If the bench warrant recently was issued (within a day or so), and if the underlying case is not that serious, make arrangements to appear at the judge's office.
4. Request that the court cancel the warrant. If you have a valid reason for failing to appear in court, the judge is likely to recall the warrant.
5. Obtain from the court the new date and time that you need to appear in court. Again, make certain that you are present for the rescheduled court proceeding.
