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Can a Lawyer Get a Bench Warrant Lifted?


When you’re accused of a crime, from a traffic ticket to felony charges, you may have felt relieved to pay your bail bond and go home. That happiness may have been short-lived. You were issued a bench warrant, and now you face another embarrassing, scary arrest. 

Continue reading to learn what is a bench warrant is, how do you get rid of it, and when it’s time to call a criminal defense lawyer for help. 

Why Have I Been Served a Bench Warrant? 

When you’ve committed a crime, you’ll typically see a warrant out for your arrest. The police issue these when someone is suspected of or witnessed committing a crime. Bench warrants serve the same purpose, but are issued differently. 

When you’re arrested and booked, you may be released on bail until the date of your trial. If you don’t show up for your court date, the judge may issue an arrest warrant from the bench, or bench warrant. When a judge issues this warrant, you may be arrested and taken to jail again. This time, you may not be released until your trial begins. 

Penalties for Failure to Appear in Court 

When you fail to appear in court, the penalties can be harsh. Being returned to jail to await your trial is stressful, to say the least. You may have limited time and energy to focus on your case and on building your defense. Worse, your trial may be weeks or months away. 

You may also face more penalties for criminal offenses. Failure to appear is indirectly contempt of the court, which comes with a fine of up to $100. While that may sound like a light penalty, you’re already facing harsh penalties. Adding to those penalties can make it difficult to recover. 

Pursuing a Dismissal of a Bench Warrant

When you’re facing a bench warrant, your focus may be on proving your failure to appear shouldn’t be punished. In these cases, your lawyer can review why you failed to appear and help you prove you had a valid reason. 

A valid reason to miss court is typically an emergency. Maybe you were ill and in the hospital, or maybe your child needed emergency care. If a genuine emergency arose, you may have grounds to get this bench warrant lifted. 

If you had a valid reason to miss your court date, speak with your defense lawyer about the reason you missed your court date. They can compile evidence and speak on your behalf about your emergency situation. That can help you avoid penalties for a situation you couldn’t avoid. 

Let a Tampa Defense Lawyer Help

If you’ve been accused of failing to appear in court, you may have grounds to defend your case. Accidents happen, and your lawyer can help you avoid major consequences for a mistake like this. 

When you’re ready to defend your case after a bench warrant is issued, reach out for your free strategy session. We at Hersem Law are ready to take your case when you call 813-251-7291 or when you fill out the online contact form below.