There is more than one type of warrant that the police can use to arrest you. While arrest warrants are typically issued to take someone into custody for new alleged crimes, bench warrants are a bit different. They are not issued for new crimes, but you may still be arrested, and you likely need a lawyer to help you.
Bench warrants are issued by judges directly from the bench of the court, but not because a person is believed to have committed a new crime. Instead, bench warrants are issued when a person defies a court order or fails to appear for a mandatory hearing. If you are arrested, you should not be charged with a new crime, but the judge will likely not be very happy with you. If you have a bench warrant for your arrest, contact an attorney to help you get the warrant lifted.
Receive a private, free legal review from our Philadelphia criminal defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
What Happens if I Have a Bench Warrant in Pennsylvania?
A bench warrant should be a cause for concern, but it might not necessarily be a life-or-death situation. In any case, ask a lawyer for help after you realize there is a bench warrant for your arrest.
Arrest
Even though a bench warrant is not issued for a new crime, you can still be arrested. Typically, the police do not go looking for people who have bench warrants. Instead, a person could be arrested on a bench warrant the next time they encounter law enforcement. In many cases, people are arrested for bench warrants during routine traffic stops. Many drivers are unaware of the bench warrant until the police officer informs them.
While the police can arrest, they might choose not to. If your bench warrant is related to a somewhat minor issue, like failing to pay a traffic ticket, the police officer might choose to warn you about the warrant and advise you to take care of it rather than take you into custody.
Court Hearings
You will likely need to appear in court because of a bench warrant. If you are arrested, you may be briefly detained before being brought before a judge. If you are not arrested, you should call a lawyer who can help you contact the court and schedule a hearing regarding the warrant. If the judge issues the bench warrant because you missed a court date, the court date must be rescheduled.
Jail
It is unlikely that you will go to jail for a bench warrant, but it may be a possibility in certain circumstances. Remember, bench warrants are not issued for new crimes. You should not be charged, prosecuted, or sentenced solely on the basis of a bench warrant. However, if the bench warrant is related to a missed court date for a criminal trial, you might have your bail revoked, and you may have to remain in jail while your trial continues.
FAQs About Bench Warrants in Pennsylvania
What is a Bench Warrant in Pennsylvania?
A bench warrant is a warrant for someone’s arrest issued directly by a judge, usually because the person missed a court date or otherwise defied a court order. These warrants are not issued for new crimes, so you should not face new charges if you are arrested. However, you may have to appear in court and reschedule your missed hearing.
Are Bench Warrants Serious?
Yes and no. A bench warrant should be taken seriously because you could be arrested, and there may be an important court hearing that you did not realize you missed. However, bench warrants are not exactly highly prioritized by law enforcement in many cases, and they might not arrest you unless they happen upon you in a routine traffic stop. Some people go years before they ever realize a bench warrant has been issued for their arrest, and it might be for something minor, like failing to pay a traffic ticket.
Can I Be Arrested for a Bench Warrant?
Yes. While the police do not exactly hunt people down based on bench warrants, they can and will take you into custody. Usually, this happens because you appear in court for another reason or are pulled over by the police, and it is discovered that you have a bench warrant. In some cases, however, the police may use discretion and not arrest you but warn you about the warrant and advise you to take care of it.
How Do I Get Rid of a Bench Warrant in Pennsylvania?
To get rid of a bench warrant, it must be lifted by the judge. This is often done when the subject of the warrant gets a lawyer, contacts the court, and reschedules their missed hearing or pays a missed fine. However, if your bench warrant is related to a more serious case, like a missed hearing related to a serious criminal trial, you are more likely to be arrested and brought before the judge before the warrant can be lifted.
Will I Go to Jail for a Bench Warrant?
Probably not, but you might be briefly detained in jail if you are arrested. Bench warrants are not issued for new crimes or criminal charges, so you should not face charges, prosecution, or sentencing solely because of a bench warrant. However, if your situation is serious, the police may arrest you for the bench warrant and detain you until you can be brought before a judge. If this happens, contact a lawyer for help immediately.
How Can I Challenge a Bench Warrant?
Bench warrants are not always correct, and they may be issued for the wrong people. For example, a relative might give the police your name and ID if they are pulled over. This allows them to avoid paying the ticket, but you are the one in trouble when the fine goes unpaid, and a judge could issue a bench warrant for your arrest. If something like this occurs, contact a lawyer to help you clear your name.
Will I Be Criminally Charged Based on a Bench Warrant?
Generally, no. Bench warrants are not issued for new crimes, so you should not be charged based solely on a bench warrant. However, the bench warrant might be issued in relation to other charges, and you may need to deal with those charges with your lawyer.
Call Our Pennsylvania Attorneys for Criminal Warrants Today
Receive a private, free legal review from our Norristown, PA criminal defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
