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Bench Warrant Definition

A bench warrant is an order issued by a judge or magistrate. A bench warrant is only issued in certain situations. A bench warrant allows law enforcement officers to arrest someone who failed to appear for a court hearing or abide by a court order. Someone arrested on a bench warrant might or might not be entitled to post bail and seek release from custody. A bench warrant is typically set aside once the person appears in court. It is best to promptly self-surrender on a bench warrant with a qualified defense attorney. Someone who fails to resolve a bench warrant risks arrest at any time. If an individual is arrested on a bench warrant, instead of self-surrendering, they might have trouble obtaining a reasonable bond and release from custody.

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Frequently Asked Questions (FAQs) Regarding Bench Warrants

In Michigan, how does a bench warrant happen? If you don’t show up for court, pay the fines, or follow court orders, a judge might issue a bench warrant for your arrest. Contrast this with an arrest warrant, issued when there is evidence that someone committed a crime and must face charges in court. The main focus of a bench warrant is non-compliance with court orders or failure to attend a court hearing.

What are the legal consequences of a bench warrant? If a bench warrant is filed against someone, their name is added to a national database available to all law enforcement agencies in the United States. You can be arrested and held even if stopped for a relatively minor traffic infraction.

What must I do if a bench warrant in Michigan is issued in my name? Seek legal counsel right away. A retained criminal defense lawyer can contact the court, arrange for you to self-surrender, and obtain a reinstatement of your bond or a low or personal bond.

Can I travel without restriction if I have an active bench warrant? You might be able to travel, but you run the chance of getting stopped and arrested at a border, airport, during a traffic stop, or anywhere else you might come in contact with law enforcement. Before traveling, it is advisable to hire an experienced defense lawyer, such as one with LEWIS & DICKSTEIN, P.L.L.C., and resolve the warrant.

Does a bench warrant from Michigan have a set expiration date? Bench warrants have no expiration date and are in effect until they are addressed and resolved.

How can I find out if I have a bench warrant? Online databases and direct inquiries to the local court are both options. A lawyer might be hired to help you obtain this information covertly. Unfortunately, many courts are reluctant to speak with or provide information to unrepresented defendants. Attorneys know what to ask and who to contact to obtain this information.

What distinguishes an arrest warrant from a bench warrant? While an arrest warrant is issued when there is reason to believe you have committed a crime, a bench warrant is typically issued by a judge due to your failure to appear in court or a violation of a court order. Sometimes, bench warrants are issued for probation and bond violations.