How to Handle a Bench Warrant

Bench warrants are issued by judges when someone violates a court order.

Bench warrants can be issued by any judge or magistrate in a state, municipal or federal court. Like arrest warrants, bench warrants command law enforcement agents to take a named defendant into custody and bring him before the judge. If you have a bench warrant out against you, you need to know what to do to take care of the situation.

Instructions

1. Contact an attorney. If you are represented by a lawyer, you should first call him or her and explain the situation. Your attorney may be able to call the courts and have the bench warrant set aside on the assurance that he or she will bring you before the judge. Even if this does not happen, you can have your attorney arrange for an appropriate time to turn yourself in to law enforcement officials.

2. Contact the court. Bench warrants are issued by judges whenever someone violates a court order. If you know a bench warrant is out against you or have violated a court order, you can call the judge's office and ask if a warrant has been issued for your arrest. Make sure you contact the judge's office directly, or the clerk of the court to ask how you can find out if a bench warrant has been issued. You may be able to reschedule your missed court appearance simply by contacting the judge's office or arranging for a time when you can appear before the judge and explain why you violated the court order.

3. Turn yourself in. A bench warrant is just like an arrest warrant in that it will continue until you are either taken into custody or turn yourself in before the court. You can turn yourself in to law enforcement officers and tell them a bench warrant is out against you, or turn yourself in directly to the court.

4. Explain your case. Once you are brought before the judge who issued the warrant, you can describe what happened to cause you to violate the court's order. At the judge's discretion, you may then either be sentenced to a period of incarceration, ordered to pay a fine, or released to reappear at the rescheduled hearing that you originally missed.

Tips & Warnings

• Do not delay. Bench warrants are serious affairs and can negatively affect your life. If you believe you have a bench warrant out against you, take immediate action to get the situation resolved.

References

• New Mexico Judicial Education Center: 3.3 Bench Warrant
• Nolo: What's a bench warrant?