There are many reasons why a judge might issue a bench warrant, but there is one main reason: the court wants the defendant to come to court. Most of the time, a bench warrant is requested when a person fails to appear in court for their appointed court date.
Another common cause for a bench warrant being issued is an alleged probation violation, such as: failure to pay a fine, failure to complete work program/ community service or being terminated from a court issued treatment program.
Whatever the reason, having a bench warrant issued for you means you can be arrested by law enforcement at any time until the bench warrant is recalled. For example, if you are pulled over for a minor traffic incident the police may arrest any person with an outstanding bench warrant; this could include any passengers in your car with warrants.
To recall a bench warrant, so you are no longer subject to being arrested, you must appear in court.
For some misdemeanor bench warrants an attorney can appear on your behalf and have the warrant recalled without your presence in court. However, that all depends on the opinion and viewpoint of the judge assigned to your case. Some judges may require you to appear in person so that they may see “the whites of your eyes” before recalling the bench warrant for your arrest.
Unlike misdemeanor cases, felony bench warrants always require personal appearance by the defendant as a matter of court policy and given the severity of the allegations or charges.
If you have a bench warrant for your arrest it is important to know your rights and all possible defenses available in your particular situation. . Do not hesitate. Protect your rights and contact The Law Offices of Bryan R. Kazarian for a free consultation immediately.