In the state of Ohio, a bench warrant will be issued for your arrest if you fail to appear at a scheduled court hearing. Of course, in most cases, your absence was probably not caused by a lack of care or disregard for the rule of law. Instead, it was most likely caused by a simple calendar mix-up, a misunderstanding, or a valid emergency.
Regardless of the reason why your bench warrant was issued, it’s important to get it resolved as quickly and painlessly as possible. The skilled Dayton Criminal defense lawyers at Suhre & Associates, LLC can help you do just that. Call our Dayton law offices to schedule a free consultation today and learn more.
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What is the Difference Between a Bench Warrant and an Arrest Warrant?
The main difference between bench warrants and arrest warrants is the reason why they were issued. Bench warrants are issued when an individual fails to turn up at a scheduled court hearing. Arrest warrants, on the other hand, are usually put out when law enforcement officials believe that an individual has committed a crime and needs to be taken into custody.
Once the paperwork has been drawn up, both types of warrants are treated almost exactly the same. In each instance, police officers either actively or passively search for the individual in question. Once they are found, they are then taken into custody to spend some time in the county jail.
If you have any questions about a warrant that was issued in your name, please do not hesitate to reach out to the criminal defense lawyers at Suhre & Associates, LLC. We would be happy to discuss your case during a free consultation
Why Do People Fail to Appear in Court?
There are a wide variety of fairly innocuous reasons why a defendant may be absent from the courtroom. Some of the most common causes of missed court dates include:
- Not receiving notice of the court date
- Having two court appearances scheduled for the same time
- A serious illness
- A natural disaster, or
- A death in the family.
If you have failed to appear in court for any reason and would like an experienced attorney to help you resolve the ensuing bench warrant, please contact the skilled legal team at Suhre & Associates, LLC. We may be able to minimize or even eliminate the punishments you receive.
How Are Ohio Bench Warrants Enforced?
When a warrant is issued in your name, it means that the state wants to place you under arrest. The extent of their efforts to accomplish that goal will depend almost entirely on the seriousness of your original offense:
In the state of Ohio, traffic infractions, nonviolent crimes, and other small offenses are generally classified as misdemeanors. If your bench warrant was issued because you failed to appear in court to defend yourself against one of these crimes, law enforcement officials are unlikely to actively search for you.
However, if you come into contact with the police during a traffic stop or as part of another crime, you will be placed under arrest. You will then be taken to a Montgomery County jail. You will usually be able to post bond and be released fairly quickly.
If your original criminal offense was a felony – such as murder, drug trafficking, or rape – law enforcement officials will almost certainly search for you. Once you are arrested, you will be taken to a Montgomery County jail. You will most likely be denied bail and will need to remain in jail until your new court date.
Whether your bench warrant was issued in relation to a misdemeanor or a felony, the attorneys Suhre & Associates, LLC can help. Give us a call today to schedule an initial consultation with one of our skilled attorneys. Once we review your case, we will provide you with the advice and assistance you need to resolve it.
Negative Consequences of Having a Bench Warrant Issued in Your Name
Having a bench warrant issued against you can have a significant negative impact on your life and your future. Some of the potential penalties and punishments that you may face include:
While your bench warrant is active, law enforcement officers can place you under arrest at any time. They do not need to provide you with any prior notice or warning. Whether you are attending your daughter’s birthday party or visiting some friends, there is always a chance that you will be taken into police custody.
Failed Background Checks
When you apply for a job or attempt to rent an apartment, the other party will almost certainly run a background check on you. If you have an active bench warrant, it will almost certainly show up on the report that they receive. As a result, your application is likely to be thrown out.
The state of Ohio has the power to levy some fairly significant fines on individuals who fail to show up to court. Generally speaking, the size of your fine is tied to the length of time that you have been evading arrest and the seriousness of your original crime.
It is also worth noting that the fine that you receive for your bench warrant issues is handled separately from any fines that you receive for your first criminal offense. As such, it is possible that you may face multiple fines is fairly quick succession.
In some cases, skipping court can result in a mandatory jail sentence. The time that you serve behind bars for your bench warrant will not count toward any jail terms that you receive for your original crime. Just like with the fines, it is possible that you will end up serving multiple jail terms back-to-back.
If you would like to minimize the consequences of your bench warrant, you will need the help of an experienced criminal defense lawyer. At Suhre & Associates, LLC in Dayton, OH, we have helped countless clients find favorable resolutions to their arrest warrants. If you would like us to do the same for you, please reach out to us to set up an initial consultation.
How to Resolve a Montgomery County Bench Warrant
To minimize the negative consequences of your bench warrant, you would be well advised to resolve it in a positive and proactive way. You should not simply sit back and wait for law enforcement officials to place you under arrest.
A brief list of some of the positive resolution options your Suhre & Associates attorney can help you with would include:
- Surrendering yourself at a police station
- Attending a safe surrender program
- Filing a motion to surrender in court, and
- Filing a motion to have the bench warrant withdrawn due to an unintentional absence.
To start the process of resolving your bench warrant, please reach out to us as soon as possible. We will use our knowledge of the law and experience in the industry to make sure that your case is resolved as quickly and painlessly as possible.
How a Suhre & Associates, LLC Attorney Can Help You Resolve Your Bench Warrant
When you hire one of our knowledgeable lawyers to assist you with your bench warrant issues, we will:
Provide You with Sound Legal Advice
When you find out that a bench warrant has been issued in your name, you will probably wonder what your options are. More specifically, you will want to know what you can do to resolve your warrant without facing any serious penalties.
The experienced lawyers at Suhre & Associates, LLC have dealt with hundreds of bench warrants over the years. As a result, we are well placed to provide you with the advice and guidance you need to resolve your situation in a favorable way.
Negotiate the Terms of Your Surrender with the Court
Your bench warrant will almost certainly conclude in one of two ways – your arrest or your surrender. If you are trying to avoid harsh penalties and punishments, it is almost always wise to choose the latter option. However, before you turn yourself in, it may be possible to negotiate some favorable terms with the court.
Since our firm’s founding, our skilled and knowledgeable lawyers have negotiated the terms of countless surrenders on behalf of our clients. If we believe that you may be able to obtain some favorable terms from the court, we will fight tooth and nail to try to make them happen.
Put simply, working with a Suhre & Associates, LLC attorney is the best way to favorably resolve your warrant. Don’t put it off any longer. Give us a call today to schedule discuss your warrant and your charges with a member of our knowledgeable legal team.
Contact Our Dayton Criminal Defense Attorneys Today
Has a bench warrant been issued in your name? We understand that you’re probably scared and overwhelmed. Let our Dayton bench warrant defense lawyers help. Give us a call to schedule a free consultation today.