A bench warrant is distinct from an arrest warrant. It’s issued by a judge when you fail to appear in court on a scheduled date. The state’s attorney can request a bench warrant if you miss your court appearance. The judge will then decide whether to set the bail amount or leave it to a commissioner.
For minor issues like a speeding ticket, missing a court date usually results in a failure to appear, which means you’ll need to handle the matter with the MVA and the court. If you have a valid reason, you may need to pay fines or hire an attorney to file a motion for a new trial. If you don’t address it, your driving license may be suspended.
However, missing your court date is more problematic for more severe charges such as drug possession or other criminal offenses. The state’s attorney will likely issue a bench warrant in these cases. If there’s a bench warrant out for you, a sheriff may come to your door to arrest you. It’s essential to take action as soon as possible to address the warrant and avoid arrest.
A Bench Warrant Doesn’t Always Mean Jail
A bench warrant doesn’t always lead to jail time, especially if you take the proper steps. If you know there’s a bench warrant out for you, it’s best to turn yourself in but do so with the help of an attorney.
Turning yourself in with legal representation can help you avoid immediate jail time. Without an attorney, a commissioner might see you as a flight risk and set a high bail amount, which you’d need to pay to avoid jail. For example, if the bail is set at $5,000 and you can’t pay it, you might need to get a bail bond agent. The bondsman will cover the total amount but will charge you a fee, typically around $500. If you miss your court date, not only will you face legal consequences, but you’ll also owe money to the bondsman.
Not appearing in court can lead to numerous problems, including additional fines and complications. The best course of action is to attend your court date to prevent a warrant from being issued. With a bench warrant, the police can arrest you and return you to the jurisdiction where the warrant was issued.
How An Attorney Can Help
It’s recommend to have your attorney file a motion to quash the warrant. This legal motion asks the court to cancel the warrant and allows you to set a new trial date.
By involving a Maryland criminal attorney, you not only avoid the immediate risk of arrest but also gain a professional who can manage the court process on your behalf. Your attorney will arrange a new court date at a more convenient time and ensure you’re represented once the warrant is quashed. This approach saves you time and money while providing a structured plan to handle the situation.