When a Bench Warrant Lawyer Should Be Consulted

The most common type of warrant issued is a bench warrant, so named because it comes directly from the judge's bench. Unlike other types of warrants that are issued for criminal activity, a bench warrant is generally issued for non-criminal activity that can include failure to appear for court appearance or failing to pay a court ordered fine. However, just because the warrant is not based on criminal activity doesn't mean you cannot be arrested on the spot if you have any contact with the police for any reason. In other words if you get pulled over for speeding ticket, and your name comes up in the system with a warrant attached, you can and will be arrested on the spot.

If you suspect you have a warrant or that you should have a warrant because you know you didn't finish paying a court-ordered fine or you didn't appear for a court date, clear it up before you are arrested. If you're arrested on a warrant and brought before the judge, you will either be released or jailed depending on your criminal history, how likely you are to flee, and the circumstances of your arrest.

The easiest way to take care of a bench warrant and have it recalled, or even verify its existence in the first place, is to hire a bench warrant lawyer. A bench warrant lawyer can have a warrant recalled without your presence in court unless the bench warrant arose out of a felony case. If this is the case you have to appear in person to clear the warrant up.

And the easiest way to clear up your warrant regardless of where it arose from is to do it directly by going to court with your bench warrant lawyer instead of waiting for the police to arrest you and process you through the system.

This gives your lawyer time to build your defense case and get the warrant quashed, and to ensure the judge grants you bail or releases you without bail.

Your attorney will build your case based on the facts. It won't help if your only defense is the fact that you didn't remember your court date. Judges are not very sympathetic to this. If however, your information to appear for a court date was mailed to an old outdated address and you never received it, this can build a credible defense. Other ways your lawyer can defend you is to prove you completed all of your court ordered service and paid all your fines but didn't bring the proof into court. Of course, the best is mistaken identity, which can happen if you have a common name or someone steals your identity. If you were mistakenly arrested because you share the same name as the person on the warrant it should be an easy dismissal.

If you suspect you have a warrant, get a lawyer and take care of it the easy way to avoid an arrest.