This situation could happen to anyone: you get arrested post bail and are released until your next court date but you never receive the notice. Or perhaps you’re ordered to pay a fine. But lack the funds and don’t know where to seek assistance so you don’t pay it. Be aware that while these scenarios are common. They often lead to the court issuing a bench warrant against you.

What Is a Bench Warrant?

A bench warrant is a warrant issued by a court often called the bench. Which orders law enforcement to arrest and bring a person before the court. Bench warrants are typically issued when an individual fails to appear for a mandatory court. Court proceeding or fails to comply with a court order. Such as paying a fine. There are two main reasons a bench warrant may be issued:

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Failure to Appear

If you are ordered to appear in court for a hearing trial or other mandatory proceeding. And do not show up on your scheduled date. The court may issue a bench warrant for your arrest. Failing to appear tells the court you are not taking the legal process seriously. So they issue the warrant to compel your presence.

Failure to Pay

If you are ordered to pay fines, fees, restitution or other court-ordered financial obligations by a certain date and fail to do so. The court may issue a bench warrant. This is to enforce compliance with the court’s order to pay what is owed by the specified deadline.

How to Clear a Bench Warrant Without Going to Jail

Clearing a bench warrant without arrest is often possible through proactive measures like getting an attorney. Surrendering voluntarily or arguing your case. Here are some options to consider:

Get an Attorney

Having an experienced criminal defense attorney represent you is often the best way to handle a bench warrant. An attorney can contact the court on your behalf to request vacating the warrant and setting a new court date. They can explain any mitigating circumstances for why you missed the original date or failed to pay. Representation gives a greater chance of avoiding arrest and jail time.

Surrender to the Warrant

You can proactively surrender yourself at the courthouse or police station where the warrant was issued. Voluntary surrender shows you are taking responsibility. It’s advisable to call the court clerk in advance to confirm surrender procedures and find out if you need to post bond. Coming in on your own avoids potential additional charges from being arrested.

Argue Your Case

If representing yourself you can call the court clerk and request to argue your case. At an upcoming warrant hearing docket. Prepare written documentation of any valid excuses for missing. The original date or inability to pay by the deadline. Bring pay stubs, doctors notes – anything relevant. Dress professionally and be respectful. Ask the judge to recall or quash the warrant.

What Happens If a Bench Warrant Isn’t Cleared?

Failing to address an active bench warrant can lead to serious legal and financial consequences:

Penalties for Willfully Failing to Appear

If arrested on the warrant you may face additional criminal charges for willfully failing to appear in court as originally ordered. These charges are punishable by fines and jail time in addition to the penalties for the initial charges. It can significantly worsen your legal situation.

Being taken into custody also means time spent awaiting your court date in jail instead of at home. This disrupts work and family responsibilities. It may take longer to be formally processed and released since you’ll need to first see a judge about the warrant.

How Much Does It Cost to Lift a Bench Warrant?

The direct costs of clearing a bench warrant vary depending on jurisdiction and circumstances but often include:

• Bond fee – Most courts require a cash bond be posted before releasing an individual arrested on a warrant. This bond amount is set by the judge and usually ranges from $500-2000. The bond is refunded if the individual appears for all required court dates.
• Attorney fees – Hiring a criminal defense lawyer costs an average of $250-1000 per bench warrant case. Their services are usually needed to negotiate directly with the court or appear in court on the client’s behalf.
• Court fees – Fines and other associated court costs originally owed may need to be paid in full before the warrant is recalled. Outstanding balances and new late payment penalties will have accrued from missing past deadlines.
• Jail costs – Spending even a few hours or days in jail due to an arrest on the warrant means the individual is responsible for daily jail boarding fees, which average $50-150 depending on the local facility.
• Missed work – Being absent from a job to handle legal issues related to a warrant means lost wages, which can range from a few hundred dollars for part-time work up to over $1000 for lost full days from salaried employment.

Final Words

A bench warrant is a serious legal matter that should not be ignored. As it can quickly escalate your situation and carry hefty penalties if you fail to address it proactively. While clearing a warrant involves some direct costs and effort. It is well worth it to avoid arrest, additional charges and larger indirect costs to your finances, job, and personal life. If a bench warrant has been issued for your arrest. The best approach is to contact the court immediately to start resolving it. Through one of the valid strategies discussed above. 

Taking responsibility and demonstrating a good faith effort to the court. Can help get the warrant recalled without any time spent in jail. With a level head and proper guidance from an attorney. If needed, you have reasonable options to clear a warrant before it escalates further.With diligence and planning, it is possible in most cases to clear a bench warrant without an arrest. On your record by proactively working with the court. 

Though a warrant poses serious short-term hurdles. Following the steps explored here empowers the individual to take control over their situation and avoid long-term ramifications. Facing the problem head-on through open communication and, if appropriate, voluntary surrender. Shows accountability that judges respond well to. With patience and persistence individuals can overcome even the difficult position of having a warrant issued for their arrest.

FAQs

How to not be convicted?

Hire an attorney and gather evidence to build a strong defense. Attend all court dates and follow legal advice.

How to clear a bench warrant without going to jail in Wisconsin?

Consult an attorney and request a court hearing to address the warrant. Voluntary surrender and paying fines may help avoid jail.

How to clear a bench warrant without going to jail in Kansas?

Get legal advice and arrange a hearing to address the warrant. Voluntarily surrender and settle any fines to prevent jail time.

Can you pay off a warrant without going to jail in Texas?

Consult an attorney and pay the fine if possible. Request a hearing and comply with court orders to avoid jail.

William Stark