What happens when you turn yourself in for a bench warrant?

Once you turn yourself in for a bench warrant, you will go before a judge for a hearing which should result in the warrant being recalled and quashed. Your goal at the hearing is to show that your violation of the court’s order (leading to the bench warrant) was justifiable or excusable.

Depending on the facts of your case, you might have to remain in jail until your bench warrant hearing takes place.

At the completion of the hearing, the judge can either:

• release you with a warning, or
• place you in county jail.

Note that a bench warrant in most states is a court order that instructs law enforcement officers to detain you and hold you in custody until you can be brought before a judge for a court hearing.

In most criminal cases, a judge issues a bench warrant if you either:

• fail to appear for a required court date, or
• commit a probation violation.

With regards to turning yourself in for a bench warrant, you may be able to contact the court that issued the warrant to schedule a court date for a hearing. You can also turn yourself in by going to your local police department or sheriff’s office. In either event, you should consult with a criminal defense attorney for help.

1. What results if you turn yourself in for a bench warrant?

If you turn yourself in for a bench warrant, it is possible that you go to jail until you can appear before a judge for a bench warrant hearing.

In some cases, you might be able to avoid jail time and remain out of custody, but you will still have to make a court appearance to address the warrant.

If you are placed in custody, you might be able to post bail by paying a bail amount via:

• a cash payment, or
• working with a bail bondsman.

In some extreme cases, you might be placed in custody with no bail. This might occur if you:

• are considered a flight risk,
• committed a serious court violation, or
• have an extensive criminal record.

2. What is a bench warrant hearing?

A bench warrant hearing is essentially a court proceeding where a person appears before a judge to address an outstanding bench warrant.

In most cases, a judge issues a bench warrant after you failed to appear for a required court date.

A main goal at the hearing, therefore, is to try and explain to the court why you might have been justified in missing a court appearance.

You can often try to accomplish this goal by showing that you:

• never received a notice to appear in court,
• complied with all the conditions and requirements for a court appearance,
• were unaware that a case had been filed, and/or
• are a different person than who was required to attend a prior court date.

At the completion of the hearing, the judge can either:

• release you with a warning, or
• place you in jail.

3. How do you turn yourself in for a bench warrant?

In some cases, you can turn yourself in by contacting the court that issued the bench warrant.

The court could issue you a new court date to attend, or it might require you to turn yourself in at your local police station.

Depending on the facts of the case, a police officer may:

• help you schedule a bench warrant hearing and release you on your own recognizance, or
• have you remain in custody until your court hearing.

4. Are there penalties for not making a court appearance?

Sometimes a court will impose penalties if you fail to make a court date. The specific penalties will often vary depending on:

• the type of case that you failed to make an appearance in (for example, a misdemeanor case, felony case, or a case involving an infraction for a traffic ticket or traffic violation),
• the reason for your non-appearance, and
• the laws of the state where you received your original charge or obligation to appear.

With that said, however, if you miss a court date, a judge can hold you in contempt of court and impose the following penalties:

• fines,
• jail time or even custody in state prison, and
• court costs.

Note that a state’s DMV can even suspend your driver’s license for failing to appear. 1

5. Should you contact a criminal defense lawyer for help?

Yes. You should consult with a skilled criminal defense attorney or public defender if there is an outstanding warrant against you.

This is true for any type of warrant (for example, no matter if there is an outstanding bench warrant or arrest warrant against you). 2

Experienced attorneys can:

• help you turn yourself in,
• represent you at a bench warrant hearing, and
• work to keep you out of custody and avoid any criminal charges.

Note that most bench warrant lawyers and law firms offer free consultations. A free consult means you can receive legal advice at no charge.

Further, your communications with an attorney are protected by the attorney-client relationship. This means a lawyer cannot disclose your confidences without first getting your consent.

Legal References:

1. See, for example, Driver Services – Frequently Asked Questions, Colorado Department of Revenue
2. Note that a judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.