A bench warrant is a type of arrest warrant issued by a judge, or “from the bench,” typically due to a person’s failure to comply with a court order or appear for a scheduled court hearing. In Oklahoma, bench warrants can lead to immediate arrest and additional legal complications. Understanding what a bench warrant entails and how to address it is crucial for minimizing potential consequences.
What Is a Bench Warrant?
A bench warrant is an order from a judge authorizing law enforcement to arrest and bring an individual to court. Some examples could be the following:
- Failure to appear in court for a scheduled hearing or trial.
- Failure to pay court-ordered fines or restitution.
- Failure to comply with probation or parole conditions.
- Failure to respond to a subpoena or jury duty summons.
It’s important to emphasize that a bench warrant doesn’t inherently make you guilty of a crime. If you can provide a solid reason as to why you were not able to comply, the court will take it into consideration. Sometimes people have not been properly served paperwork to be aware that they have an obligation to the court. However, should you become aware of your requirements, acting swiftly is the best course of action.
How to Take Care of a Bench Warrant in Oklahoma
After having a bench warrant against you, there are certain steps you need to take. Initially you must verify the existence of the bench warrant by contacting the court that issues it. However, some courts provide online access to warrant information, and you can check the court’s website for an online database. Contacting a criminal defense attorney to discuss your situation is recommended. They will provide guidance on the best course of action, as well as represent you in court. Your counsel will encourage you to arrange to voluntarily surrender to law enforcement or the court. This will save you from further issues by being compliant
Bringing any relevant documents to court will also help your case. This can be proof of payment for fines, evidence of compliance with court orders, or medical records if illness prevented you from appearing. Further, if you can provide a valid explanation for your failure to comply with the court order or appear in court then you can avoid things escalating. Circumstances such as medical emergencies, lack of notice, or unavoidable conflicts may count. Additionally, you should always follow any new instructions or orders issued by the court to resolve the situation. This may include rescheduling missed hearings, making payments, or fulfilling other court-imposed conditions.
Consequences of a Bench Warrant
Unlike other types of warrants, bench warrants are for reasons related to non-compliance with court procedures rather than the commission of a new crime. This means that you have failed your requirements and they are seeking to remedy that by force if necessary. For example, if you are pulled over for a simple traffic infraction, they can take you to jail immediately if they see it on your file. A bench warrant can also cause you to have a criminal record if they process you through the jail. Another consequence you can face is an increase in the fines you owe. This is why it’s so important to speak with an attorney and settle your bench warrant as soon as possible.
Wagoner Criminal Defense Attorneys
In conclusion, a bench warrant in Oklahoma is a serious legal matter. Taking immediate action to verify the warrant, consulting with an attorney, voluntarily surrendering, and addressing the underlying issue can help mitigate the consequences. By following these steps and maintaining communication with the court, you can resolve the bench warrant and minimize the impact on your legal situation.
Luckily, our team here at Wagoner County Attorneys is comprised of skilled criminal defense attorneys who can look at your case and provide your best defense options. If you need help, reach out to us at 918-283-7394 or ask a question online.
