How to Deal with a Bench Warrant on a Misdemeanor or Felony Charge
You may not need to be arrested or taken into custody if there is a bench warrant for your arrest.
A savvy defense lawyer can negotiate to get the warrant lifted.
A bench warrant is an arrest warrant that judges orders against a defendant in a misdemeanor or felony case. The most common reason for a bench warrant is for failing to appear in court (FTA). An experienced lawyer can usually find a way to get the warrant lifted and avoid the need for his or her client to be arrested.
A bench warrant does not usually mean the police will immediately look for you (although they can). Generally, it means that your name will go into a statewide computer that serves the entire law enforcement community. Once your name is in that database, if you deal with the police for any reason – even something that is not your fault – you will be taken into custody. Like Oakland County, Wayne County, and Macomb County, some counties have fugitive apprehension teams that will occasionally do sweeps where they look for those with pending bench warrants.
Posting Bond Following a Bench Warrant for a Misdemeanor or Felony
If you are arrested and taken into custody, you will likely have to post a bond to be released. Once that is accomplished, you will get a new court date. If the bond is not posted, you will have to stay in custody until the court hearing. A bench warrant for misdemeanor or felony charges should not be taken lightly.
If you know there is a bench warrant out for your arrest, you should contact a criminal defense attorney for assistance in dealing with the court or the local police department. Many things need to be arranged, such as appropriate times to appear on the warrant, how much, if anything, the bond will be, and how it will be paid.
If you posted a bond previously, that money has almost assuredly been forfeited. A good, experienced criminal defense lawyer may be able to persuade the judge to reinstate the original bond or allow the new bond to be personal (meaning no money will have to be posted).
Naturally, having an experienced criminal lawyer arguing on your behalf during this process will show the judge not only that you take the charges against you seriously, but also that you are genuinely contrite about your failure to appear. If an honest mistake were made, the lawyer would develop a persuasive argument to show the judge that incarceration is unnecessary to ensure your appearance at the next court date.
Michigan Criminal Defense Attorneys who are Experienced with Bench Warrants, Bonds and Bail
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. specialize in criminal defense. Defending people charged with crimes is all we do. If you are faced with a bench warrant, it is important that you resolve it as soon as possible. You do not want the embarrassment and humiliation of the police arresting you when you can voluntarily appear before the Court and get the warrant recalled. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience in helping people charged with all types of crimes and who have outstanding bench warrants.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
