Bench Warrant

What is a Bench Warrant, and what do you do if you have one issued?

A judge will issue a bench warrant if you fail to appear in court.

Did you skip a court date?

Also, many cities offer warrant searches on their local police / sheriff department websites. Even my small city offers that (you may have to dig around)

Good luck.

Originally posted by Hockenberry
What is a Bench Warrant, and what do you do if you have one issued?

Odd place to post this query, but it's a warrant for your arrest, issued by a judge.

Unless there are extremely odd circumstances, the most prudent thing to do would be to present yourself at the nearest police station and turn yourself in -- leniency is rarely granted to those who flee the police.

ETA: This was originally posted in "Board Business & Questions", hence my "Odd place" comment

A bench warrant is an "on sight" immediate arrest warrant. Like the other poster said, its usually missed court date but CAN be on sight arrest if youve violated a court order or subpoena or sometimes even if you refused to show for jury duty. Most of the time they dont waste the time or money on anything other than no show for court or a contempt of court.

reply to post by Hockenberry


A bench warrant is basically a piece of paper saying that if a cop stops you for some reason and runs your ID, you'll be taken to jail for whatever reason specified by the warrant. If you have a bench warrant, the best thing you can do is stay out of sight of the cops. Or you could just do your time and fix whatever problem caused it to be issued in the first place.

reply to post by Adaven


Not me. A family member, with a history of making less than good decisions.

reply to post by adjensen


Where would you suggest this would be more fitting to post?

reply to post by Hockenberry


It is nothing, it will go away if you take care of whatever caused it to be issued. Usually it can be handled without ever going to jail or being arrested, alot of the time simply calling the court house and talking to the judge that issued it or the prosecutor can make it go away.

It all just depends on the laws where your at, the reason involved in its issue, and how the judge or prosecutor feels at the time.

I would call the courthouse and ask about before you do anything else, as turning yourself in can have $$$$$$ attached, as in some places in this country, 1 day in jail is over a hundred dollars one must pay for the cost of having to detain you, Tennesse for example, charged my cousin over $100 a day for her son being incarcerated for juvenile delinquency. It was a 30 day sentence, and they put a lien on her house until she paid it.

Originally posted by Hockenberry
reply to post by adjensen

 

Where would you suggest this would be more fitting to post?

It's been move to "General chit-chat" now, which is more appropriate -- the forum you originally put it in is for asking questions about Above Top Secret, the website.

The replies you have received thus far have not been complete in their explanation. Yes, a "bench warrant" is a warrant for a persons arrest as the other posters have stated but it is a specific type. In the case of a "bench warrant", when arrested the detainee will be held without bail to be brought before the judge OR in some cases of failure to comply a sentence for non compliance is already given and one will be detained without being brought before a judge until the fine or the time is paid. It specifically means you will be held without bail or possibility of bond.

A bench warrant can also be issued "because a judge wants to speak with you". (Quoted exactly as it was related to me by a cop once).

In my case, there was a case being prosecuted for utility theft at a house I'd lived at in the past w/ room-mates. For whatever reason the judge wanted to speak with myself or any of those room-mates in order to clarify something. They couldn't find us to issue us the subpoena's so the judge issued bench warrants in an effort to try and help get us to show up.

My guess would be that whoever was being prosecuted for whatever they were doing was claiming things were that way when they moved in and since we were the prior occupants, etc, etc.

I have no clue what finally ended up happening. The cop said he didn't "have" to arrest me and wasn't going to, he gave me the info on the court the bench warrant was issued from and I called them to find out the details. It was too late to matter by then and they cleared the warrant which was basically old and left active by mistake.

Originally posted by Agarta
The replies you have received thus far have not been complete in their explanation. Yes, a "bench warrant" is a warrant for a persons arrest as the other posters have stated but it is a specific type. In the case of a "bench warrant", when arrested the detainee will be held without bail to be brought before the judge OR in some cases of failure to comply a sentence for non compliance is already given and one will be detained without being brought before a judge until the fine or the time is paid. It specifically means you will be held without bail or possibility of bond.

edit on 17-10-2012 by Agarta because: (no reason given)

Very true.
Also, when they tell you to come in to find out if its valid, theyll arrest you. In my town they pick and choose due to the jail overcrowding.. its like a revolving door... and a judge will see you post haste. The bench warrants are used pretty sparingly these days in some places.. time, money, space. Our town wont even go looking to arrest someone for an arrest warrant issues by another jurisdiction unless its significant. Hell, my county is even in trouble (and in the paper) for refusing to go answer a break in alarm at the VFW hall recently. They got new black tactical uniforms and painted all the cars black recently though.

reply to post by Advantage



Police should not be wearing black uniforms. It is done to intimidate. "Intimidate" is not anywhere in "Protect and Serve".

Freaking police departments.