Consequences of Missed Court Dates and Bench Warrants: What You Need to Know

Being charged with a Class B misdemeanor can be a significant legal and personal challenge. One common issue that individuals face in this situation is a bench warrant issued for their arrest due to not showing up on a court date. This article explores what happens in such scenarios and the potential outcomes, providing actionable advice for those in similar situations.

The Nature of Bench Warrants

A bench warrant is a legal order issued by a judge that commands law enforcement to arrest the accused and bring them before the court. This directive is typically issued when an individual fails to appear in court as required. The purpose is to ensure that the accused faces the appropriate legal proceedings and justice is served.

Once a bench warrant is issued, you cannot escape its reach by simply staying away from the area. Law enforcement will actively seek and apprehend you if they encounter you. They can find you through routine traffic stops, license checks, or when you attempt to travel by air.

What Happens if You Are Charged with a Class B Misdemeanor and Flee?

Being charged with a Class B misdemeanor and having a bench warrant on your head can lead to a range of consequences, from legal penalties to personal discomfort. Firstly, attempting to pay off the warrant can be construed as an attempt to bribery. This action can lead to additional charges and complicate an already difficult situation.

It is also important to note that you cannot avoid the consequences of a bench warrant by not showing up in court. They are not easily dismissed unless you address the matter promptly. Late appearances can result in fines, additional charges, and even jail time, especially for more serious offenses.

Dealing with Bench Warrants and Class B Misdemeanors

Here are some practical steps you can take to address a Class B misdemeanor and a bench warrant:

Appearance in Court: Schedule a new appearance date with the court clerk and attend the court as instructed. You can explain any reason for your absence during the court hearing. It is possible that you might be required to spend a few days in jail, particularly if the offense is not particularly serious or violent. Communication with Authorities: Work with your local law enforcement to arrange a time and place for a lawful arrest. This can help avoid the inconvenience of being taken into custody unexpectedly. Regaining Your Freedom: If you are already incarcerated, negotiate with the court for a more appropriate jail release or work on an alternative resolution that suits your circumstances.

For those in the United States, dealing with a bench warrant can be particularly challenging, as law enforcement is dedicated to apprehending you. This makes planning and preparation essential to avoid further complications. Contacting the court and understanding the legal process is crucial.

Secrecy and Travel

To avoid drawing attention to yourself, consider traveling to another state or even another country. However, this may not be a long-term solution. Ultimately, you must address the legal issues at hand and comply with the court's directives.

In Canada, the procedure is slightly different, but the consequences are similar. A failure to appear for a court date due to a summary offense can result in additional charges of Failure to Appear. If you were on bail, your bail may be revoked, and sureties may face financial losses. A promise to appear or recognisance may also be nullified, requiring you to attend a show-cause bail hearing.

It is crucial to understand that you cannot “pay off” a bench warrant. There are legal repercussions for attempting to do so, making it a poor choice in handling the matter.