A bench arrest warrant is not the typical warrant law enforcers use to break down doors and apprehend suspects in hiding or on the run. Rather, it is a warrant issued by a judge due to failure by a person to appear before the court when summoned. Obtaining a recall of the bench warrant is recommended for those who have one with his name on it and wants to remain a free man without the aforementioned police hunting him down.
Make a blind inquiry to the court when you've failed to appear after being summoned. Ask if a bench warrant has been issued against you. Alternately, you can request a friend or relative to assist you in this matter.
Approach and consult a lawyer about the outstanding bench warrant. Provide the lawyer with any relevant documents that you have, such as the original court summons. Truthfully discuss the reason why you were summoned.
Read More: What Is the Difference in a Warrant & a Bench Warrant?
Wait for your lawyer to appear on your behalf and request the recall of the bench warrant. In some instances, such as when the warrant has been issued in connection with your alleged commission of a felony, you may be required to appear personally before the judge will recall the bench warrant.
Perform the action that you neglected to perform earlier, which led to the issuance of the bench warrant. Pay any fees or fines for which you are liable, show proof of having engaged in the requisite community service or take other such steps to prevent such a warrant from being issued again. In the event of a felony bench warrant recall, you may be ordered to post bail as further security for your promise to appear in court when requested.
- Avoid showing up in person without counsel to get your bench warrant recalled. You may easily be taken into custody and thrown in jail long before you manage to obtain a reconsideration from the judge.
- If you are presently residing in or have sought refuge outside of the state in which the bench warrant was issued, call a lawyer within that jurisdiction to see if the warrant can be recalled without you having to return to the area.
- While the bench warrant is outstanding, avoid being seen in public or returning to your usual address. It may be better for you to seek refuge at a friend's or relative's home for a few days and lie low while you sort out a recall of the warrant.
- Justice image by MVit from Fotolia.com