Bench Warrant Attorney: Getting a Case Dismissed

When you fail to appear at a scheduled court date, the judge has the power to issue an authorization for your arrest. More often than not, he will do just that. At that point, police will have the authority to arrest you upon the natural course of their work or they may be compelled to go out and find you specifically to take you in. No one wants to live with that authorization hanging over their heads, but it can be difficult to get them lifted or dismissed. If you want to fight it, you'll need the help of a bench warrant attorney.

Going Before the Judge

You aren't going to have any success having the authorization for arrest lifted without appearing in court. Contact a bench warrant attorney and explain the situation. In some extreme cases, you may be able to have the authorization dropped by having your attorney appear in court in your stead, although you will probably need a very good excuse for failing to appear both times.

Turning Yourself In

If you want to avoid that feeling of being hunted down by law enforcement, your bench warrant attorney may recommend you simply turn yourself in to authorities. Whether being represented by a lawyer or not, the quickest way out of your situation is to simply appear in court. Whether there are additional charges brought against you for your failure to appear will depend on a number of circumstances, not least of which is the judge's state of mind at the time. This is where having both a good excuse for missing the date and a good lawyer can be valuable.

Appearing in Court

Until such time that the authorization for arrest is lifted, the judge who issued the authorization will retain jurisdiction over your case. They may choose to impose a fine or even incarceration for your failure to appear in court. If you were out on bail at the time of your disappearance, chances are good that you will be remanded to jail until your trial begins. You will also forfeit your bond. Having a bench warrant attorney on your side through these proceedings is a good idea, but without a proper excuse for missing the date, arguing against the charge will be an uphill battle. Though tempting—especially if you have no legitimate excuse for missing the court date—you should avoid lying about your reasons. If these lies can be disproven, you could be held in contempt of court and additional charges could be levied against you.