What Happens After a Bench Warrant is Issued in Delaware?

Missing a court date or failing to comply with the terms set forth by the court can result in serious consequences in the State of Delaware. The initial consequence for missing a court date is the issuing of a bench warrant. Many folks are unaware of what a bench warrant is and what happens when one is issued. Knowing the process behind a bench warrant can help you take the proper steps towards correcting the situation before serious consequences occur.

What is a bench warrant?

A bench warrant is an arrest warrant issued by a judge. It is usually issued when the individual fails to show up in court or breaks the law. Unlike other warrants, which come up during the investigation process, bench warrants come up during the court of a criminal case.

In Delaware, the following circumstances can lead to a bench warrant:

• Failure to show up to the scheduled hearing date
• Failure to attend the required probation hearing
• Breaking the rules set for pre-trial release or bail
• Breaking the rules set by the court with regard to the pending case

Once the bench warrant is issued, law enforcement officers can arrest the individual.

What happens after a bench warrant is issued?

Once a bench warrant is issued and entered into the system, it remains active until the person is apprehended or until the court removes it. The police officers can arrest the person during a traffic stop, at the person’s home, or during any other ordinary interaction with the law.

These are cases where the police officers can actively pursue the person for whom the warrant is issued. In other cases, the arrest can happen when the person interacts with the police for another reason.

When a person is arrested for a bench warrant, they are usually brought before a judge. The judge may choose to impose new bail conditions, hold the person until a hearing, or impose other penalties for not appearing in court.

Potential consequences of ignoring a bench warrant 

Ignoring a bench warrant can lead to serious legal issues. First of all, it can affect the court’s willingness to impose lenient bail conditions in the future. The court often believes that a person who fails to appear in court might not respect court orders.

Secondly, failing to appear in court can lead to other criminal charges. Depending on the circumstances, the judge can charge the individual for failing to appear in court.

Finally, a bench warrant can stay in place for an unspecified period. This means that a person can be arrested at any time in the future unless the warrant is addressed. 

Resolving a bench warrant 

You should handle a bench warrant by taking care of it as soon as possible. Waiting on the case will only make it worse and can lead to your arrest.

In most cases, a criminal defense lawyer can work out a plan for you to appear before the court voluntarily. This will also prove to the judge that you didn’t intentionally miss your court date since you took the initiative to address the problem.

Your lawyer can also clarify the situation that led to the missed court date and request that the warrant be recalled or that the case proceed without any further consequence. 

Talk to a Wilmington, DE, Criminal Defense Lawyer Today 

Michael W. Modica represents the interests of Wilmington residents who are facing criminal charges. Call our Wilmington criminal defense lawyer today to schedule an appointment, and we can begin preparing your defense right away.