You’ve heard the terms many times. A person was picked up by the police on a “bench warrant.” But just what is a bench warrant? Can you be arrested if one is outstanding? How can you resolve a bench warrant? The first issue is to understand the meaning of the term.
Bench Warrants – What are They?
A bench warrant can be issued by a judge in any municipal court. The reasons vary. They include:
- Failure to appear. This is the most common reason for the issuance of a bench warrant. As an example, you may have been charged with some offense, ordered to appear in court at a specific time to respond to the charge against you, and failed to do so.
- Failure to pay fines.
- Failure to submit to court-ordered drug testing.
- Failure to report in under a plea arrangement.
- Failure to respond to a summons sent to you via mail.
These are just some of the grounds for the issuance of a municipal bench warrant in Arizona. The possible results include, most importantly, being arrested and immediately taken into custody.
Quashing a Bench Warrant
You may be under the misapprehension that once a bench warrant is issued, there is nothing you can do about it, except try not to come into contact with law enforcement. This “strategy,” however, amounts to sticking your head in the sand and hoping that you won’t be picked up. It may work for a time, but eventually, the chances are good that as the result of a traffic stop or other incident, the warrant will turn up and you’ll find yourself handcuffed and your way to jail.
We suggest that when you learn of the existence of a bench warrant, you speak to an experienced Phoenix criminal defense attorney as soon as possible. Warrants can be successfully quashed for a variety of reasons. Once a warrant is quashed, it is void and cannot be used as the basis for an arrest. When that is accomplished your attorney can deal with the underlying issues that caused the warrant to be issued in the first place.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028