A bench warrant is a legal tool used by judges to make you comply with court orders. In South Carolina, if you fail to follow court orders, such as missing a court date or not following a judge’s instructions, a bench warrant can be issued. This type of warrant gives law enforcement the authority to arrest you and bring you before the court.
This guide will define what a bench warrant is and what to do when you’re issued one, which better prepares you for your case when you work with an experienced Clemson criminal defense attorney.
What is a Bench Warrant?
Definition and Purpose
A bench warrant is a court order to have you arrested for not following court requirements. This type of warrant is issued when you don’t show up for a court date or violate other court imposed conditions. The purpose of a bench warrant is to make you follow the law and show up in court as required.
Bench Warrant vs. Arrest Warrant
While both bench warrants and arrest warrants allow law enforcement to detain you, they are different in origin and purpose. A bench warrant is issued by a judge for not following court orders such as missing a court date. The difference between a bench warrant and an arrest warrant is that a judge has sole discretion over the bench warrant process from beginning to end. An arrest warrant is issued based on probable cause that you’ve committed a crime usually after a request by law enforcement or a prosecutor.
Issuance and Enforcement
When a bench warrant is issued it becomes a high priority for law enforcement. Officers can arrest the person named in the warrant and bring them to court. A bench warrant can be enforced at any time including during a routine traffic stop or other encounter with law enforcement. Once arrested you will be taken to court to address the reason for the warrant and possibly face additional penalties.
Why a Bench Warrant May Be Issued
Missing a Court Date
One of the most common reasons a bench warrant is issued is for missing a court date. When you don’t show up for your court hearing the judge may issue a bench warrant to make you appear. This way the court proceedings can continue without delay.
Probation Violations
Bench warrants can also be issued for probation violations. If you fail to follow the terms of your probation such as missing meetings with your probation officer, failing drug tests or not completing community service a judge may issue a bench warrant to make you comply.
Not Paying Court Fines
Not paying court ordered fines is another reason for a bench warrant. Courts impose fines as part of the sentence and not paying is considered not following court orders. A bench warrant will bring you back to court to address the non-payment.
Not Completing Community Service
When community service is part of the sentence and you don’t complete the assigned hours a bench warrant can be issued. This type of warrant will make you return to court to explain the non-compliance and possibly face additional penalties.
Not Paying Child Support
In child support cases a bench warrant can be issued if you don’t make the required payments. This is an enforcement mechanism to ensure child support is paid, the court is committed to the well being of the child.
Bench Warrant Process in South Carolina
Law Enforcement
Once a bench warrant is issued, it’s entered into local and national databases that local law enforcement agencies have access to. Officers will look for and arrest the person named in the warrant. Arrests can occur during a routine stop, at their home, work or any public place where they encounter the person.
Arrest and Detention
Once arrested you will be taken to the local jail for processing. This includes fingerprinting, photographing and entering your information into the system. You will be held in custody until you can see a judge which could be as soon as the next business day depending on the time of day you were arrested.
Ignoring a bench warrant can lead to significant jail time, making it crucial to seek legal representation to avoid imprisonment.
Court Hearing
You will appear in front of a judge to address the bench warrant. At this hearing the judge will review the circumstances that led to the warrant. Your attorney can argue for release, request bail and propose solutions to the non-compliance issues.
The judge may set a new court date for further proceedings.
Bail and Release Conditions
If the judge grants bail you can be released from custody once you post the required amount. Bail conditions may include restrictions such as regular check ins with a probation officer, travel restrictions or mandatory participation in a program. Failure to follow these conditions can result in re-arrest and additional charges.
Compliance and Resolution
To resolve the bench warrant completely you must comply with all court orders, attend all scheduled hearings and fulfill any conditions. Continuous compliance is key to avoid future warrants and legal problems. Working with a criminal defense attorney throughout this process will make sure your rights are protected and you understand your responsibilities.
Monitoring and Follow Up
After release it’s important to monitor the case and stay informed of any additional court requirements. Regular communication with your attorney will make sure all conditions are met and you’re in good standing with the court. This proactive approach will prevent future legal problems and will result in a smooth resolution.
What to Do If You Have a Bench Warrant
Call a Criminal Defense Attorney
The first and most important step is to call a criminal defense attorney. A experienced lawyer will give you legal advice, explain your rights and guide you through the court system. They can help you schedule a voluntary surrender which can improve your standing with the court and potentially result in better outcomes.
Many attorneys offer a free consultation to discuss your case and provide initial legal advice.
Voluntary Surrender
Voluntarily surrendering to the authorities is usually the best option. By doing so you’re showing the court you’re willing to comply with court orders which can impact the judge’s perception of your case. Your attorney can help you coordinate the surrender process to minimize stress and prepare you for what to expect.
In some cases, voluntary surrender can lead to having the bench warrant lifted with the help of a criminal defense lawyer.
Know Your Rights
Knowing your legal rights is important when you have a bench warrant. Your attorney will explain your rights to you including the right to remain silent and the right to an attorney. Knowing these rights will protect you from self incrimination and make sure the legal process goes smoothly.
Prepare for Court
Once you surrender you will need to appear in court to address the bench warrant. Your attorney will help you prepare for this court appearance, advise you on how to present your case. Being prepared will make a big difference in the court’s decision in your case.
Follow Court Orders
After you address the bench warrant, you must follow all court orders to the letter. This means attending all scheduled court appearances, complying with probation, paying fines and completing any community service. Following these orders will prevent future legal problems and show you’re committed to resolving the issue.
Get Bail Help if Needed
If you’re eligible for bail, your attorney can help you with the bail process. Working with a reputable bail bondsman will get you out of custody faster. Make sure you understand the conditions of your bail and follow them to avoid additional legal problems.
Stay Informed and Active
Stay informed of your case and any upcoming court dates or requirements. Being proactive and involved in your legal process will prevent future bench warrants and will result in a smoother outcome. Communicate with your attorney regularly.
If you have outstanding warrants, contact a criminal defense attorney for assistance in dealing with them and clearing them without going to jail.
Contact an Experienced Clemson Criminal Defense Lawyer Today!
Bench warrants are already difficult to deal with, but the process will be smoother if you follow your legal obligations.
At Boatwright Legal, our dedicated attorneys will be at your side to guide you through these processes and to alleviate your case as much as possible. Contact us at 864-745-9758 for a free case consultation today!
