What should I do if I know that I have a bench warrant?

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Question:

What should I do if I know that I have a bench warrant?

Answer:

To in order to most succinctly respond to this question let’s first review what a “bench warrant” actually is.  A bench warrant is a order for your arrest issued by a judge or “from the bench.”  This type of warrant might issue as a result of an instance of contempt of court or where the return of a criminal indictment has been received by the judge presiding over your case.  An arrest warrant, including those issued from the bench, is an order based on a complaint by the State alleging the violation of a statute or other rule and commanding law enforcement to forthwith arrest the individual named in the warrant and bring him before the court.  An arrest warrant often will result where a defendant repeatedly failed to appear, respond or otherwise defend a State summons alleging the commission of certain criminal acts.  The named defendant can expect that the arrest warrant will be served on him by an officer authorized by the law to serve criminal process and to thereafter taken into police custody.

After fully appreciating the possible impending adverse effects of a bench warrant, such as spending time in a jail cell, it would seem clear, even imperative, that the named defendant would best immediately contact a criminal defense lawyer in order to preserve and protect his rights.  The basis of every indictment is specific as to the allegations contained in the warrant and the named defendant.  As a result contacting a criminal defense lawyer concerning the best method of responding to the bench warrant is the most effective method of managing the problem. Choose a criminal attorney with extensive experience in the specific area of criminal law addressed by the warrant allegations to insure the most comprehensive defense, and as always, remember to say nothing to the police concerning the allegations until your lawyer arrives.       

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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