If you have a Michigan bench warrant out for your arrest, don’t panic. While it’s not fun to be arrested by police officers and taken to jail when you were expecting to do something else with your day, a proactive approach to handling a bench warrant can avoid that problem.
What is a “Michigan bench warrant?”
A bench warrant is an official summons issued by the court after you fail to appear in court on a pending case without a valid reason for being unable to attend. The leading charge associated with a bench warrant is usually one of ‘failure to appear’ besides contempt of court penalties (bond violations, failure to pay restitution, legal costs, and fines ).
It’s essential to take a bench warrant seriously, since failing to appear can result in you being arrested and held in jail without bond until your next court date. The bench warrant directs law enforcement to arrest someone when they fail to make a scheduled appearance. Bench warrants are issued for those who have failed to appear at all three phases of criminal proceedings: arraignment, pretrial, and trial.
A court will issue a bench warrant when you don’t take care of fines and costs, traffic tickets, or otherwise comply with court orders. Many Michigan residents receive traffic tickets. These traffic violations can be costly, but they must be paid. This is why it is always important to hire an attorney for your traffic tickets. Read why here. The failure to pay fines or attend court-ordered driving classes can be costly but they must be completed. If you fail to complete these requirements in time or fail to show up for court, your license could be suspended—and with it goes your ability to drive legally.
To avoid arrest and/or prevent future financial penalties, you need to take care of the bench warrant as soon as possible. Michigan warrants do not expire. Learn more.
Lastly, only judges can issue bench warrants; prosecutors have no role in issuing them, though they may file motions asking that one be issued if someone fails to appear for a hearing. Having a bench warrant issued for your arrest is serious but it can be resolved without much problem. How to remove an arrest warrant.
How to handle a bench warrant.
If you have a Michigan bench warrant, there are certain steps you need to take in order to clear your Michigan bench warrant. If you do not take these steps, and law enforcement comes across your Michigan bench warrant, later on, they will arrest you.
Find out if a bench warrant exists. The first step in dealing with this situation is determining whether there actually is a bench warrant for your arrest. To do this, you will want to contact the court where your case is located. Once the clerks verify that there is a bench warrant for your arrest then it’s time to start taking action immediately.
If you missed a court date, then you should immediately contact the court to see if the court can just reschedule a new date. Depending on the court and the reason for your failure to appear, the court may reset the date. This is especially true if you contact the court on the same day as the hearing you missed.
If you come in contact with the police, say during a traffic stop, before you can arrange a court date, you will be arrested. The police only care about one thing when enforcing a bench warrant – whether they can arrest you at a given moment. The police will not listen to the reasons why you missed court. It is not part of their job. They are responsible for arresting people who have warrants. Only the court will listen to your reasons for missing a court date.
2. Voluntarily turn yourself into the court. The next decision you will have to make when handling your bench warrant is whether you are going to turn yourself in on the warrant. If the court insists that you appear in court to answer for the warrant, you should voluntarily appear. There are some very good reasons you should turn yourself in.
Voluntarily surrendering to the court removes the risk factors associated with being caught by police. You get to turn yourself in on your own terms. Also, Michigan judges do not like arrests, they would rather you come in of your own. A police officer will not ignore an active warrant. If you get caught by the police, you should be prepared for the possibility that the judge will set a higher bond or impose other conditions. A voluntary appearance reduces or completely eliminates that risk altogether.
3. Hire an attorney. There are many benefits of hiring a lawyer to clear your Michigan bench warrant. The most obvious reason is professionalism. A lawyer has experience with court proceedings and knows how things work. He or she will know the best method to get the Michigan bench warrant cleared as quickly as possible, and this could mean everything to you. Read this article to learn how to clear an arrest warrant.
A lawyer will contact the court to find out about the bench warrant. A lawyer will know whether it is likely that he or she can get a Michigan bench warrant cleared for you without you going to court and if there are any other alternatives available to you.
An attorney can expedite the bench warrant clearance process for you through their professional network with the courts. Your appearance in court with an attorney has an impact on the judge because it shows you are taking the matter seriously. Getting an attorney involved as soon as possible is important because this helps ensure that your bench warrant will be cleared.
A Michigan bench warrant seriously impacts your ability to get bank loans or lines of credit as Michigan considers anyone with a bench warrant as “not responsible.” When that happens, it becomes more difficult for you to rent an apartment or house because some landlords run a background check before agreeing to grant residency. Read this article on why you should clear your warrant as soon as possible.
When you appear in court with an attorney to address the bench warrant, the attorney can save you money. If the court issued a bench warrant because you failed to appear for a hearing, the attorney will ask the court to continue the original bond without an increase. The attorney will argue against incarceration, tethers, or other confining conditions. When you have an attorney, it shows you made an investment in your case.
As soon as you contact an attorney, they will begin working immediately on your Michigan bench warrant.
Contact Czarnecki & Taylor
Whether you have been charged with a misdemeanor or a serious felony, our experienced attorneys will work tirelessly to advocate and help you achieve the best possible outcome in your case. One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.
Do you have a bench warrant? We’ve can help you get it resolved. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response.