Posted on Thursday, February 1st, 2024 at 9:00 am
Having a bench warrant issued in your name is a frightening experience. It may feel like law enforcement will track you down at any moment. Although there are several types of warrants, these pieces of paper are backed by the total weight of the Illinois justice system. Failing to comply with any warrant can lead to significant legal repercussions and continued headaches. Are you going to go to jail? Can a warrant be dropped?
At Bruno Law Offices, we know that you have questions about bench warrants and how to resolve your current legal situation. Can you clear a bench warrant without going to jail? Let us help you understand the situation.
What Is a Bench Warrant?
There are several types of warrants: arrest, search, and bench. A warrant is a specific authorization issued by a judge that gives law enforcement the authority to perform an action to facilitate the working of the justice system. An arrest warrant authorizes authorities to arrest an individual and take them into custody. A bench warrant is an order issued by a judge authorizing authorities to arrest an individual accused of violating court rules. However, unlike an arrest warrant, a bench warrant is generally issued before charges get filed.
Bench warrants are commonly issued when an individual fails to appear for a scheduled court date. For example, if you are arrested but released on bond, you must sign a notice stating you will return to court for your next scheduled court appearance. Failing to appear for any reason means a judge can issue a bench warrant, allowing authorities to take you into custody for violating the court’s rules.
Bench warrants can also be issued when an individual fails to obey a court order or pay specific fines. Do you have an active bench warrant? Then, law enforcement can take you into custody and get you sent to jail.
How to Clear a Bench Warrant Without Going to Jail in Illinois
Unfortunately, there is no magic solution that guarantees you can clear a bench warrant without having to go to jail. Clearing a warrant is sometimes called quashing or recalling, meaning the warrant is cleared or purged from the judicial system. Clearing a bench warrant means appearing in court before a judge. However, you should never appear in court without a criminal defense attorney to help you.
To clear a bench warrant, contact a skilled Illinois criminal defense attorney to help you prepare. Next, you will need to arrange to surrender and appear in court. There are strategies an experienced criminal defense attorney can use to help you quash the bench warrant, including arguing that you never received a notice to appear in court, you complied with all court conditions and the warrant was issued in error, you were unaware a case had been filed, or there is simply a case of mistaken identity.
When attempting to clear a bench warrant, there are two outcomes. The judge reviews the situation, releases you with a warning, or places you in custody and sends you to jail. When deciding your fate, a judge typically considers criminal history, whether you are a flight risk, and the circumstances that resulted in the bench warrant being issued originally.
It is always in your best interest to discuss your situation with a seasoned Illinois criminal defense attorney who can help you navigate the legal process and build a defense strategy to minimize the potential legal consequences. An attorney can help clear the bench warrant with as little stress and disruption to your life as possible. Additionally, legal representation and voluntary surrender increase your chances of receiving a more favorable outcome. Avoiding the situation and waiting for the authorities to catch up with you seldom works in an individual’s favor.
Legal Assistance Is a Phone Call Away, and Our Defense Lawyers Want to Help
Never attempt to clear a bench warrant without the help of an experienced and resourceful Illinois criminal defense attorney. At Bruno Law Offices, we personalize our legal services to your unique situation, giving you the best opportunity to achieve a favorable outcome for your legal issues. If you tackle the system alone and make a mistake while trying to quash a bench warrant, you could find yourself in jail.
Get the legal help you deserve, and don’t put your freedom at risk. Call our Illinois office at (217) 328-6000 or contact us online and arrange a confidential case review now.