Bench warrant issued for my arrest. What do I do?

Recently on our legal forum a driver asked, “I have several past speeding tickets which I have not paid. I think I might even have a warrant out for my arrest. What steps should I take to take care of this? I do not want to be arrested and sent to jail.”

Steps after a traffic ticket

If you are arrested for speeding the first thing you should do is review the ticket. The ticket should indicate the amount of the fine, the location to pay the ticket, and the date the fine must be paid. Pay particular attention to the date the ticket must be paid. If you miss the payment date, it’s likely the fines could substantially increase.

In some cases, however, drivers might decide to fight the charges rather than pay the ticket. If you decide to challenge the ticket you will need to identify the steps to fight the ticket and where and when you must appear in court.

What happens if I do not appear in court or pay the ticket?

You mentioned you received a traffic tickets and failed to appear in court or to pay the ticket prior to the due date. If you ignored the ticket and decided to do nothing a judge generally issues a bench warrant.

Now, unlike other serious criminal offenses where a criminal arrest warrant is issued and the police make an immediate attempt to locate the alleged criminal defendant, a bench warrant generally does not result in immediate action.

What is likely to happen, however, is that the court will enter your name into a law enforcement database. If after your name is entered into the system you are involved with the police in any way, they will look up your name to determine if you have any outstanding warrants. When they find that a bench warrant has been issued for your arrest, they will arrest you immediately.

How can I find out if there has been an arrest warrant issued?

There are several methods to determine if you have an outstanding warrant: search official government websites, call the court clerk, or use a third-party online service.

To use the government websites you will need to do go to the city, county, state or federal website where you think you might have a warrant for arrest. If you decide to call the court you will need to call the court in the state where the arrest warrant has been issued. If you decide to use an online third-party service you may be able to get the information for free, but most likely they will charge a fee.

Regardless of your search, it’s important to gather the following information:

• Date of the offense
• Date the charges were filed
• Description of the criminal offense
• Description of your case and whether it is for a felony, misdemeanor or traffic violation
• Date of conviction, sentencing, disposition, and probation, if applicable
• Description of any fines or penalties issued

Gathered warrant information, what next? 

After you have gathered information about your warrant you need to decide the next course of action. For minor traffic violations with limited penalties and small fines you might be able to simply contact the court and find out how to pay your fines and fees and the steps you need to take to clear your warrant.

For more serious offenses, however, you will need to hire a criminal defense lawyer who specializes in your type of criminal case. Make sure your criminal defense attorney has all of the information about your warrant. Talk to them about the process of turning yourself in to the proper court authorities, potentially reducing the fines and penalties assessed against you.