Can You Be Arrested for a Bench Warrant?

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    Time Frame

    • You can be arrested by a police officer immediately upon sight after the court issues a bench warrant. A bench warrant stays active and on record until you are found. Days or years can go by until you are caught. In some cases, you may not be aware that a bench warrant has been issued on you.

    Types

    • A judge issues a bench warrant when you fail to appear in court; you are issued a court summons in the mail telling you to appear at a specific time and date or you are subpoenaed. A subpoena can be served to someone not a part of the case; he may just be a witness that must testify.

    Arrest

    • Swiping or scanning a license or state issued identification reveals any outstanding warrants, allowing the officer to make an arrest on the spot. For example, this can happen during a routine traffic stop or when police check identification for underage drinking. Outstanding warrants appear on your record and must be dealt with immediately.

    Validity

    • A bench warrant must contain specific information regarding the accused. An attorney contests an inaccurate bench warrant. The bench warrant contains a physical description of the person, full name, height, birthday and gender. It also contains all charges against the person.

    Solution

    • Arrive in court to turn yourself in before the police do in order to avoid arrest under a bench warrant. You must have a reason and documentation as to why an appearance during the scheduled hearing was not possible. A valid excuse lifts the bench warrant, but still reflects poorly that the originally scheduled hearing was not attended.

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