Bench Warrant
A warrant issued by the Court for the arrest of a particular person. This type of warrant is issued in a case of contempt, or to bring in a witness who fails to obey a subpoena.
Question: Bench Warrant? I have a bench warrant since 2003 from Los Angeles Superior Court. I never received anything by mail or else, because I leave in France since 2002... I'm a french citizen and I would like to go back to the US to visit my friend in Miami. Do you think I can get arrrested at the airport? What can they do to me ?
thank you for your help
Laura
Answer: Because of 9/11, every person that enters the US is ran through the NCIC, (National Crime Information Center/Computer), the Bench Warrant could show up. But since it is five years old it might not. I would call the Clerk of Courts - Criminal Division of the Los Angles Superior Court and find out if there is an active bench warrant for you. If so, you might be able to get them to lift it because it is five years old. (A bench warrant is issued when a person fails to make an appearance in Court. If you were charged with a serious crime and did not show up for court, this bench warrant might not get lifted. If it was to testify or a misdemeanor charge, I believe you will be alright. Call the Clerk of Courts.)
Question: bench warrant? if someone has a bench warrant for $500 does this mean they lose the money when they pay it. What if its on bond.
Answer: a bench warrant means that the person has either failed to complete a court order, pay a fine, or appear before the court. The $500 refer to the amount of bond you will have to post to have that person out of jail. A bond is when you pay a percentage of the total amount, usually 10-20%, to a bonds men who puts up the rest guaranteeing the person will show up before the judge. It will be hard however to get a bondsmen to take on such a small amount.
You loose the money if the person fails to appear on the assigned date.
Question: Bench warrant.......? Does a bench warrant for a speeding ticket means you are going to be arrested for sure, or only if you get pulled over?
Answer: If you have a bench warrant out for any reason and you get pulled over or if a cop stops you outside of the mall to just say hi because you look a little suspicious or even if a cop sees you walking down the street and he is bored so he will run your ID just for the heck of it.... then yes you will be arrested.. and even worst to boot--since it is a warrant that means you skipped out on a hearing so you will get no leniency from the judge so you will probably be charged the max amount of time or/and fine that they can hit you with,not to mention if they want double court costs since they were at the first one and you were not.
Question: What is the difference between a bench warrant and just a warrant? I was looking through my local PD's website and just being nosey really. Some people had bench warrants and some just said warrant. What's the difference?
Answer: Crown Royal is partially right. Bench warrants are issued directly by a judge. Warrants are issued by a magistrate, and may be for any crime. Police officers cannot issue warrants, but are allowed to issue a summons, commonly known as a ticket, which is also a command to appear in court, but allows release on a signature promise to appear.
Hope this helps.
Question: If i have a bench warrant, can i go to get a marriage liscense without getting arrested? Basically i have a bench warrant for failure to appear at court.... And i want to go to get my marriage liscense/certificate. WIll they run my background or whatever and arrest me on the spot if i go in for that. My state is KY btw.
Answer: It is quite possible the clerk of the court will check the names to see if they are residents. Not all do this but bring your toothbrush just in case
Question: How to get rid of a bench warrant for unpaid court fees? I have a bench warrant because I made a monthly arrangement to pay off court fees, but I stopped paying and didn't contact the court or anything. Is it possible to get rid of the warrant by paying off the remaining amount in full? Or would it remain in effect even after that?
Answer: Yes, along with the new charge of "Failure to Appear" and any court or warrant fees.
You may have to surrender to the jail and be booked in first, since there is an outstanding warrant.
Question: What can I do about my bench warrant for failure to pay seatbelt ticket? I have a bench warrant for failure to appear in court in MICHIGAN. I was supposed to appear because I failed to pay a seatbelt ticket. I just wondered if I pay the ticket and the fines associated with it, will I have to do anything else to clear my warrant?
What will happen when I go to pay it? Do I just pay it and it's over with or do I go to jail? Or do I see a judge? What happens?
Answer: How do you know that you have a warrant? For a ticket like that sometimes they just find you guilty and that is that until you pay the fine.
If that is not the case you need to just go to the courthouse in person. Odds are they will just drop the warrant. If you have to see a judge he will cut you slack because you were responsible enough to go in person and fix it. There is no way they are going to put you in jail for that type of ticket.
As another said it will probably cost more now than what it would have cost originally. Not a huge amount but more. If whatever the fine is might be problematic for you...... well you will be at the courthouse and you can make arrangements to pay in installments.
Question: Concerning a bench warrant and being served with divorce papers? I may have an outstanding bench warrant in another county of Florida for an unpaid ticket violation(on the beach after dark). My ex-wife in New York is sending the divorce papers to me the my county sherrifs department. My question is, will the serving of papers process trigger the bench warrant?
Answer: I would encourage you to contact the county in which you have the warrant and settle it. It sounds like it would be just a fine which they would probably allow you make reasonable payments. They may require you to appear in court to settle the matter.
Call the court and find out what the bail is on the warrant. Go to the court with bail in hand or immediately available via a phone call.
The problem with arrest warrants is that you never know when you are going to be arrested and most often it is at a most inconvenient time for you. Take care of the matter and you will no longer have it hanging over your head.
Good luck.
Question: What happens when someone has a bench warrant? I have a bench warrant for failing to comply with a court order. I was order to come before a judge on the 22nd. I have all the paper work and witnesses to justify why I was not able to comply with the court order. Will I be arrested and booked in county jail from the court or what can I expect to happen?
Answer: If you already have the bench warrant issued against you then yes, you will most likely be taken to jail for contempt of court. I don't know why you did not comply but if it is a good enough reason and you have witnesses you may be able to get out of it, but still, I think the judge will wonder why you didn't let him know what was going on, that could have avoided the warrant being issued on you in the first place.
Question: How is a bench warrant for arrest handled? My brother was convicted of armed robbery and spent 4 years in jail. Off parole now and stopped paying his restitution fees. He has a bench warrant for his arrest. What can he expect, and how/when is the arrest enforced?
Answer: The arrest will be "enforced" the next time he has contact with the police. Meaning, if he is pulled over and the officer runs a LIEN check, the officer will find the warrant and take him to jail.
What he should do is go turn himself in. This doesn't necessarily mean he will be arrested and go to jail. If he goes to the court and explains the situation, the judge may send him to collections or make some other payment arraingements. Avoiding the warrant will only make things worse and more expensive.
Question: Can a bench warrant be vacated after an arrest? If someone is in custody in county jail on a bench warrant from his PO, is a hearing the only way out? Is it ever possible to be let out without having a hearing? Can a PO lift the warrant after the arrest already took place? This is day 3 of custody. No hearing has been scheduled yet.
Please don't be rude. It was for costs/collections. I need factual answers, not critisism.
Answer: A bench warrant requires an appearance. It is certainly possible to have the warrant withdrawn, but it is very unlikely.
Question: Can someone get arrested for a bench warrant when reporting for required jury duty? A friend has a bench warrant for a couple of old, outstanding traffic tickets (one he was pulled over for a "California stop" while driving on a suspended license, other pulled over for 5 miles over speed limit, driving on suspended). He's been summoned for jury duty and is concerned that he may be arrested for the warrant even though he's been out of trouble and on the good side for a long time. Obviously the traffic tickets need to get taken care of but that can't be done prior to the reporting for jury duty. In Southern California.
Answer: As a prospective juror, you don't think the D.A. and defense atty. are gonna check backgrounds? Common sense here...
Question: What measures do police take to execute a bench warrant? I currently have a bench warrant for not attending crown court to enter my plea. The police have visited my house twice and are constantly harassing my estranged husband.
Answer: They will keep going until they find you, even if you disappear the warrant will be outstanding for ever.Just be sensible and go to your local police station.
Question: What if someone has a bench warrant that is 4 years old? I have a friend that had a bench warrant for a theft by taking charge at age 19 and is now 23. He never knew he had a bench warrant until he had a background check done because he never knew he had court. What is the best way to resolve this issue? What is the maximum and minimum sentence he could get by turning themselves in?
Answer: Contact the court and get a court date. Then show up on that date to resolve the issue.
Question: How to clear a bench warrant in NJ? Hey everyone. I have a bench warrant from a few years back for not serving jury duty. (Long story short - I have moved several times over the years and never received any notices in the mail) I didnt discover this until recently when I was attempting to renew my license. Now I have this bench warrant hanging over my head and I wanted to ask anyone out there that lives in Jersey and has had a similar situation what exactly should I do? Obviously I don't want to be arrested over something like that. How can I resolve this warrant without being arrested and humiliated?
Answer: either way, you have a bench warrant in NJ...you can be arrested no matter what state you are in.
I would contact a lawyer asap, so he can write the court etc.
Hopefully you will not be caught.....drive safely.
It will be resolved, don't try it by yourself.....they will have your address and come pick you up.
Question: What happens when a bench warrant is issued? When you have a failure to appear bench warrant, how serious is it? The person was out on bond at the time of missing the court hearing. Will the FBI be looking for him? Or just the bond company? He was charged with a felony but not as a violent crime. I think was for a bad check or fraud, he was never clear on exactly what he has done. Does the local agency that arrested him send his information to the FBI so that he will be flagged if he was ever fingerprinted?
Does the bench warrant ever expire? Is it possible for him to get a job that does a background through the FBI database and still pass?
(Just being nosey, but would appreicate honest answers)
He left the state already - FYI. He thought leaving would give him a "fresh start".
Answer: If it's not serious then nothing really, unless you get stopped by the cops or something.. if they run your name they will find the warrant and haul you off to jail.... if it's not serious no one really comes to look for you.... if it's a serious crime... then people look for you.. A bench warrant doesn't expire
Question: Does bench warrant go away after you get arrested for it? If you have a bench warrant on you, and you serve time and post bail because of it, what happens afterward? Do you still have to pay the fine the bench warrant was created for? Is it still an active case?
Answer: Yes. You have to pay the fine of the ticket plus penalties in order to be released. After that the warrant is thrown out and doesn't go on your record as an arrest.
Question: How long is a bench warrant active? I would like to know how to search for active bench warrants without having to pay anything, and how long a bench warrant for not testifying in a criminal case is active.
Answer: Forever. And ever.
You can't search on line. You have to talk to the police directly.
Question: How long does an arrest warrant stay active? Would a DWI bench warrant be likely to be added into NCIC? How long does an arrest warrant stay active? Would a DWI bench warrant be likely to be added into NCIC?
Answer: Once you have been booked, finger printed and charged you are in the data base.Each jurisdiction relays their information. A bench warrant stays open until apprehended.
It would be in your best interest to turn your self in and take care of this problem, otherwise it will come back to haunt you at the most inconvenient times. Good luck
Question: Would Mexico extradite me if I have a bench warrant in the states because of a Felony DWI? Hypothetically speaking ... I receive a Felony DWI and make a run for it and a bench warrant is issued. But I am in Mexico, haha the REAL land of the free =P. I dont think they would even know about the warrant of course cause they're not linked with the NCIC is it? But if coming back to the US I bet they would huh. What do you guys think? If you got pulled over in Mexico and have an outstanding warrant in the states? I dont want to sound like a criminal but I am wanting to travel the world so wondering if I could travel to Mexico, then Europe, and Australia before I get put on probation and there goes the travel plans.
Just to rephrase ... its hypothetical because I am NOT going to Mexico, yes I will be here to do whatever. But curious if it was a possibility IF I had done so which was like a 20% chance depending on what Id be sentenced with.
Dog Lover ... yes good answer and I believe you are right
KIB ... this isnt a forum, we dont need your negative comments
Libertarian ... yeah I believe that too
davidmi711 ... possibly, and I agree
TheOne ... thanks for the positive comment and good answer cause you've been there, done that
Apathy ... yeah, or even care
CAIN ... lol, yes
Answer: negative my friend. I had a warrant in los angeles, I moved to mexico where I was in an accident in mexico. They are not linked whatsoever, unless it's murder. enjoy yourself don't get caught up worrying about your past.
Bench Warrant Related Products and News
|
|
|
|
|