Immediate, On-Sight Arrest
A bench warrant is a court ordered document that is issued by a judge that allows for a person’s immediate, onsite arrest by law enforcement. This means that if a person has a bench warrant in his/her name, he/she can be placed under arrest by police and brought to appear in a court of law. The primary goal of a judge when issuing a bench warrant is to obtain custody of the person listed on the warrant so that he/she will appear in court.
Bench warrants are typically issued when a person fails to appear in court for a scheduled legal proceeding. Some of the most common reasons given as to why a court appearance was missed are personal emergency or failure to receive notice from the clerk's office. Regardless of the reason, the judge usually will issue a warrant for your arrest if you fail to show up at a hearing. The only way a warrant is removed is by a motion presented to the court by an attorney.
Did you fail to appear in court?
If you answered “yes”, you are probably wondering what you should do. The absolute best thing you can do after a bench warrant has been issued in your name is to consult with our firm. If you have an active warrant for your arrest, you are facing immediate arrest and incarceration in jail. This means that the police can detain you at any time, either by coming to your home or place of business to execute the warrant or take you into custody should they stop you on the road or in public.
By avoiding law enforcement or ignoring your bench warrant, you will only make your condition much worse than it is. That is why working with a skilled defense attorney is always your best option. The attorneys at Hager & Schwartz, P.A., will immediately file the appropriate motion with the judge requesting that the motion be quashed, which will provide you with the peace of mind knowing that you no longer have to worry about being arrested at any time which would result in immediate incarceration until your trial.