Rules of a Bench Warrant

Many people run into issues with the law at some point in their lives. It is important to understand the issue you are facing and know how to best go about solving it. Taking a proactive approach usually has the best outcome.

Function

A bench warrant is issued by a judge when an individual fails to come to court on the day of her scheduled hearing. The purpose of issuing a bench warrant is to encourage you to come to court and resolve the matter at hand.

Discovery

If you think you may have a bench warrant issued in your name, there are 2 ways to check. You can call the court house in the county you live in and give them your first and last name and possibly your driver's license number, or you can search on the circuit court website for the state you reside in to see all legal action that has been taken against you.

Removal

To remove an outstanding bench warrant that has been placed in your name, you simply need to go to the court house and resolve the matter that the warrant was issued for. For example, if a bench warrant was issued for failure to show up in traffic court and pay fines, then pay the traffic fine--you won't be arrested for going to the court house with the intention of resolving the issue.

Significance

The police department has the authority to arrest you if you have a bench warrant. This can occur if you are stopped for a traffic violation or you come into contact another way with a law official. Rarely, police actively search for individuals with bench warrants.

Getting a Lawyer

If you wish to fight the bench warrant, you can hire a lawyer who will then contact the court to request a hearing. Most likely, the lawyer will file a Motion to Quash Bench Warrant.