Criminal, Juvenile & CPS Defense Lawyers
Bench Warrant Recall
When you fail to appear to court at the determined time and place, the court may issue your arrest (also known as a bench) warrant.
The issued bench warrant may be quashed if the person makes a physical appearance at the court before arrest to explain why they failed to show up. Or they may retain an attorney to make an appearance for them in court. Quashing of a bench warrant is also known as bench warrant recall.
To avoid getting arrested and be taken to custody, you need to act fast to ensure that your warrant of arrest is recalled. Call the local police department or the clerk of the court and arrange when you will come in and pay the bail. Also when you call find out what methods of payments acceptable.
What’s a failure to obey court order or to pay fine?
For example, if the judge sentences you to a four months community service, you have to serve the full term as ordered. Anything to the contrary is regarded failure to comply with the court order and you may be guilty of a misdemeanor.
Such violations of any written agreement you entered with the court may attract a fine and possible legal action, which may include a warrant for your arrest.
Where situations may compel you to dishonor the court order, you can request for an extension to comply with the court order to pay your fine at one go, you can pay in installments.
What about failure to appear to court?
When you fail to appear to a court as agreed on, you may be guilty of a misdemeanor. Taking action before you due date will protect you from additional fees or legal action, which may will a warrant of arrest.
What is civil assessment?
This is an extra fee that may be added to your vase if you:
- Delay the payment of your fine.
- Violate any written agreement you might have entered with a court, or
- If you do not comply with an order of the court.
In that situation, your case may be referred for collection and additional legal action may be taken, including issuing an arrest warrant.
However, you may be exempted from paying more fine if you are hospitalized, service a jail term or in active military service.
How to clear a warrant for your arrest
To avoid being arrested, you can request your warrant to be quashed by:
- Make an appearance to the court with your attorney and request the court to quash the bench warrant. However, the court might want to know why you missed the last court appearance. The judge may void the warrant if you were hospitalized, confused about the court dates, in jail or you have don’t have bad record of failing to appear to court when required to do so.
- Posting a bail with the police department
- Posting a bail with the court and requesting the court to ‘forfeit’ it. Then court will keep the bail and your case may be closed.
- Post a bail with the court and requesting a court date.