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    How long do you stay in jail for a bench warrant?

    There is generally not a set or limited amount of time in which a person arrested or detained on a bench warrant can be held in custody.

    How long do you stay in jail for a bench warrant?

    Posted on September 22, 2021

    There is generally not a set or limited amount of time in which a person arrested or detained on a bench warrant can be held in custody. A defendant awaiting trial could potentially be kept in jail though the completion of the trial. Persons arrested for failure to appear or violating a court order may be held in jail until they become compliant with the court’s orders.

    How much jail time can a bench warrant carry for a criminal defendant?

    For defendants facing a criminal charge, a bench warrant can hold them in jail until the completion of their trial. This is often several months. If convicted for the underlying offense that led to the warrant, the defendant could face more time in jail.

    Bench warrants, themselves, do not carry any jail time. Neither do arrest warrants.

    However, once the warrant is executed, the suspect or defendant is brought into custody. He or she will be held in jail until they can be brought in front of a judge. Depending on the jurisdiction, this has to happen within a few days. In California, it has to happen within 48 hours.1 Bail will be set. If the defendant is unable to post bail, he or she will be held in confinement until the day of the trial for the offense that led to the warrant being issued. This can last several months.

    If the defendant is convicted for the offense that led to the warrant’s issuance, that jail sentence will have to be served, as well.

    Most bench warrants are issued for:

    contempt of court, or

    failure to appear, also known as FTA.

    In California, a conviction for contempt of court carries up to 6 months in jail. A conviction for failure to appear depends on the offense that was pending when the defendant did not appear in court. If:

    the offense was a traffic ticket or a misdemeanor, FTA carries 6 months in county jail, even if the underlying offense was an infraction,2 or

    the offense was a felony, FTA can carry up to 3 years in state prison.3

    However, the defendant is likely to be given credit for time already served.

    This is all in addition to the underlying criminal offense. The time spent in confinement can grow, quickly.

    For example: Jeff is arrested for driving under the influence (DUI). He faces felony criminal charges because it is his fourth DUI offense. He then deliberately skips a mandatory court appearance. The judge issues a bench warrant. Jeff is arrested. He now faces up to 3 years in prison for the DUI, and up to 3 years in prison for his failure to appear.

    What about non-defendants?

    Bench warrants can also be issued for people who are not currently facing criminal charges. This happens most often for:

    probation violations,

    noncompliance with a court order, like a restraining order, and

    people who are refusing to testify under a subpoena.

    These non-defendants who are arrested under a bench warrant can also be held in jail. If the warrant is executed while court is not in session, the subject will be held in jail until he or she can be brought in front of a judge. In California, this can lead to up to 48 hours in custody.4

    Non-defendants are often charged with contempt of court. This charge can carry jail time.

    In California, for example, a witness who is in court, but who refuses to testify, can be held in civil contempt. This can carry up to 5 days in jail and a fine.5 Judges can also hold the witness in jail until he or she has testified or the trial is over.6 In the worst cases, the witness can face criminal charges for contempt of court. These charges carry up to 6 months in jail.

    How do bench warrants work?

    Bench warrants are issued by the judge. They tell the local police department to find a particular person and arrest them so they can be brought to court. They are most commonly issued because the subject of the warrant:

    failed to appear for a required court date, like an arraignment,

    did not pay a fine,

    violated a term of probation, like their community service requirement, or

    did not obey a court order, like paying child support.

    Once issued, law enforcement officers will look for the subject of the warrant. In many cases, the driver’s license of the subject will be suspended by the state Department of Motor Vehicles (DMV). When bench warrants are for a minor offense, police officers generally do not actively look for the subject. When police find the defendant, usually during a traffic stop, he or she will be arrested. They will be held until they can be brought before a judge for a hearing. The judge will likely set bail. Once bail has been posted, the judge will set a new court date.

    Importantly, outstanding bench warrants do not expire after a set amount of time. They are effective until recalled by the judge or the subject of the warrant dies.

    Source : www.shouselaw.com

    How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date

    If you have a warrant out for your arrest, or you missed your criminal court date, here's what you should do.

    How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date

    How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date If you have a warrant out for your arrest, or you missed your criminal court date, here's what you should do.

    By Lauren Baldwin, Contributing Author

    Defend your rights.

    We've helped 95 clients find attorneys today.

    If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend (as a defendant or a witness), the most important thing to do is take action immediately. When you didn't show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.

    Why Are Warrants Issued?

    Courts issue warrants for various reasons.

    Bench warrant. A bench warrant is a warrant directing law enforcement to take a person into custody and bring the person before the court to address the reason the warrant was issued. Courts most commonly issue bench warrants for failure to appear, for violating probation, or for failure to comply with a court order to pay a fine, complete community service, pay child support, or do some other act. If you are picked up on a warrant, you could be held in jail until the court has a hearing on your case, or you could be required to post a high bond and pay court fees.Arrest warrant. If the police have enough evidence that you committed a crime, an officer or detective can request that the court issue a warrant for your arrest. Once in custody, you can be held without bail until an arraignment, release hearing, or similar proceeding.

    Consequences of Missing a Court Appearance

    For minor criminal charges or traffic tickets, you may receive a summons or notice in the mail to appear in court. A summons or notice to appear is a court order. Depending on the charges, you may be required to appear several times during a criminal case – for an arraignment, pre-trial conference, hearing, trial, sentencing, or other proceeding. If you do not appear as ordered, you have violated the court order and the judge can charge you with the crime of failure to appear or contempt of court.

    In addition to charging you with a crime, the court can take various actions if you fail to appear.

    Bench warrant. As described above, a bench warrant directs law enforcement to take you into custody and bring you before the court to address your failure to appear. You can be held without bond on a bench warrant until the court schedules a hearing.Jail sentence and fines. A judge can impose a jail sentence or fines if you are found guilty of failure to appear or contempt of court. Defendants are typically not told of their constitutional right to counsel at this point, a practice that South Carolina's Chief Justice has found unconstitutional (the Justice ordered a county's sheriff's office to suspend service of such warrants).Suspension of your driver's license. In some states, the judge can order that your driver's license be suspended once you have failed to appear in court. The suspension will be effective at least until you appear before a judge to address the failure to appear.Bond revocation or change in conditions of release. If the court previously did not require you to post a bond and released you on your own recognizance, the judge could change your conditions of release by imposing a bond – requiring that you deposit money with the court in order to be released from custody while your case is pending. If you posted bond in your criminal case, the judge could increase your bond. In any case, the judge could require that you stay in jail until your case is completed.

    Take Action and Consult an Attorney

    If you know you missed a court appearance or discover a court has issued a warrant against you, you don't have to wait, worry, and wonder when you may be taken into custody. Consult with an attorney immediately. Alternatives to going directly to jail may be available to you, such as:

    The court might allow you to appear at arraignment rather than be taken into custody on the arrest warrant.

    The court might be willing to schedule a hearing to address a bench warrant before an arrest occurs, or

    An attorney may be able to arrange for you to turn yourself in at the booking area of the jail rather than be picked up by police.

    An attorney will know how to handle an arrest warrant, will know the law in your state or community regarding failure to appear, and can assist and advise you in how to proceed. An attorney also can appear with you at any hearings regarding failure to appear, help you explain why you failed to appear, and fight to keep you out of jail. If you qualify as very low income for a court-appointed lawyer, the Public Defender's Office (or other appointed counsel) may be able to help you at little or no cost.

    Selected State Information on Handing Bench Warrants

    Arkansas Arizona Alabama New Mexico New York Pennsylvania Texas

    Source : www.criminaldefenselawyer.com

    The Complete Guide To Getting Your Bench Warrant Cleared

    Learn How To Remove Or Clear An Outstanding Bench Warrant.

    The Complete Guide To Getting Your Bench Warrant Cleared

    Updated on December 9, 2021 88 Comments

    Bench warrants are orders that are issued by a judge or “from the bench” that notify you that you failed to obey a court order and may give authority to law enforcement to arrest you, though they may not be arrest warrants.

    These are issued in circumstances where you:

    Failed to appear in court for an arraignment, trial, sentencing or any other court date where your appearance was required

    Failed to pay a court fine on time

    Failed to obey any other court order including completion or adhering to a provision of your probation

    Were indicted by a grand jury (bench warrant for arrest)

    In This Gide We’ll Cover:

    How To Remove A Bench Warrant

    Appearing In Court

    Service Of The Warrant

    Failure To Appear In Court

    Dismissal Based On Failure To Enter Warrant In Database

    Penalties For Failure To Appear

    Misdemeanor Failure to appear penalties

    Felony Failure To Appear Penalties

    Penalties For Other FTA Violations

    Frequently Asked Questions

    How We Can Help

    How To Remove A Bench Warrant

    The main way that a bench warrant may be cleared or removed is by your personal appearance in court, by your attorney’s appearance on your behalf or by appearing with your attorney.

    If the warrant concerns a felony, your personal appearance to clear or remove it is required.

    Other ways are having the warrant dismissed because it was improperly served (misdemeanors) or because it was never entered into the National Crime Information Center.

    Appearing In Court

    Anytime you do appear in court after a bench warrant has been issued, you are subject to the following:

    Release with a warning

    Incarceration with no bail

    Have bail set but incarcerated awaiting payment of a bond or full bail amount

    If you are arrested by a peace officer, you must be taken before the judge who issued the warrant, though you may on request be brought before a judge in the county where you were arrested or in any court within the county in which the warrant was issued. If you missed a sentencing, you can only be brought before the sentencing judge.

    Having your attorney appear with you is always recommended since this shows the court you are serious about failing to appear and your attorney can present arguments excusing your nonappearance or failure to comply with a court order by asking that you be released OR (own recognizance and without bail with a promise to appear at all future court dates), or that bail be set at a low amount since you do not pose a flight risk.

    The main reasons for most persons failing to appear or comply are:

    The notice to appear was sent to the wrong address

    You moved before the notice to appear was mailed

    You completed all conditions of your probation and did not understand you still had to appear in court

    You missed a drug test because of illness, accident or some other reason (provide a medical note or accident report)

    You were not aware that charges had been filed against you or thought they had been dismissed

    Service Of The Warrant

    Warrants for felony matters can be served on the defendant at any time. For misdemeanors, the bench warrant may only be served between 6 am and 10 pm, absent special circumstances such as repeated failures to appear or if there are several outstanding warrants.

    If a misdemeanor warrant is served outside of these restrictions, you may make a motion to dismiss it.

    Failure To Appear In Court

    The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.

    Other FTA examples are:

    defendants who fail to appear in court to show proof of completion of a court-ordered program

    failure to appear for review of a progress report such as for drug court

    witnesses who fail to appear at trial or hearing pursuant to a subpoena to appear

    persons summoned to jury duty who fail to show up

    For these individuals, their failure to remove the warrant may lead to the judge issuing a bench warrant unless the matter is one of urgency so that an arrest warrant may be issued.

    Dismissal Based On Failure To Enter Warrant In Database

    On rare occasions, a clerk either fails to notify a particular agency to enter the details of the warrant into the National Crime Information Center or the agency neglects to do so.

    If you are arrested or detained by a bondsman pursuant to a bench warrant issued because you failed to appear on a scheduled court date and police release you because the warrant cannot be found in the database, the court cannot forfeit the bond that was posted by you or on your behalf.

    This should, however, alert you to contact an attorney before another bench warrant is issued or the original one is entered in the database.

    Penalties For Failure To Appear

    Misdemeanor Failure to appear penalties

    On a misdemeanor case where no bail was set, your failure to appear for arraignment, pretrial conference, trial or sentencing can result in your being charged with another misdemeanor pursuant to Penal Code Section 1320(a)1 (Failure to Appear). You can be charged so long as you made no attempt to appear within 14 days of your court appearance date.

    Source : aizmanlaw.com

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