st louis Criminal Defense lawyer

Bench Warrant

A bench warrant is different from a regular arrest warrant.  With a regular warrant, which is issued when a law enforcement agency believes an individual has been involved in a crime, the accused can be allowed to pay bail and get out of jail after the initial indictment hearing.  With a bench warrant, the court can deem the individual a flight risk and keep him in jail until after the matter is settled.

Issued by judges or magistrates, bench warrants are normally issued for persons considered to be in contempt of court, such as for failure to appear for a mandated court appearance.  Due to the non-emergency nature of a bench warrant, it is low on the priority list of busy law enforcement offices.  This means that it is unlikely that law enforcement will make a specific effort to locate and arrest you. However, if you are pulled over for speeding, or stopped for any other violation, your bench warrant will be flagged, and you will likely be arrested.

Other situations that may cause a bench warrant to be issued against you:

• Failure to attend a court-mandated DUI class
• Falling behind on child support
• Failure to pay a court fine
• Ignoring a subpoena to appear in court
• Ignoring a subpoena to produce financial records

In short, bench warrants can be issued for civil and criminal cases, juvenile, divorce and custody cases, misdemeanors, felony, probate and small claims court, and even for debt-collection actions.

Before a bench warrant is issued, the judge has to first verify that the accused was notified, in writing, of the pending court date, or the need to comply with a specific request of the court.  Individuals arrested on a bench warrant are afforded the same rights as any other person arrested under other conditions. The bench warrant will be given to the individual at the time of his arrest.  Violations of these rights can make the bench warrant unlawful or inadmissible in court.

After a person has been arrested on a bench warrant, he is brought before the judge issuing the warrant as soon as possible. Should the issuing judge be unavailable, the bench warrant will stipulate the conditions for release and/or a bail amount. 

Contact us online or call 314.621.0622 (877.621.0622 Toll Free) for a FREE consultation and learn how the law applies to your specific situation. As former police officers and a former prosecuting attorney, we know potential pitfalls in the investigative process. As criminal defense attorneys, we know how to afford you protection under the law. Our education and experience mak a difference.

The Missouri Criminal Defense Attorneys of Millikan Wright LLC focus serving the needs of the greater St. Louis Metropolitan area. On the Missouri side, our criminal lawyers defend people in St. Louis city, St. Louis county, Jefferson county, Franklin county, St. Charles county, and Lincoln county. On the Illinois side, our attorneys represent people hurt in Madison county, St. Clair county and Monroe county.