Dealing with a Bench Warrant in Arizona: Your Comprehensive Guide
For most people, hearing that they have a bench warrant issued in their name can be a daunting experience. But fear not! In this blog post, we’ll delve deep into understanding bench warrants in Arizona, their implications, and how you can navigate through the process to resolve it. By the end of this guide, you’ll be equipped with the knowledge you need to handle a bench warrant confidently.
What is a Bench Warrant?
A bench warrant is an order issued by a judge that authorizes law enforcement officers to arrest a person. This can happen for various reasons, but in Arizona, the most common reasons for a bench warrant include:
- Failing to appear in court (FTA) as required.
- Violating the terms of probation or parole.
- Failing to pay fines or complete community service.
Understanding the Implications
Having a bench warrant issued in your name is serious. It means that you can be arrested at any time, whether it’s during a routine traffic stop or even at your home. Moreover, having an active warrant can make it difficult for you to find employment, housing, or obtain certain licenses. It can also negatively impact your credit report.
Arizona Law and Bench Warrants
Under Arizona law, particularly ARS §13-2506, “a person commits failure to appear in the second degree if, having been required by law to attend any court proceeding as a party or witness, such person knowingly fails to attend the proceeding on the scheduled date and time.” This failure can lead to a bench warrant.
Further, per ARS §13-2507, “failure to appear in the second degree is a class 2 misdemeanor. Failure to appear in the first degree (for a felony case) is a class 6 felony.”
What to Do if a Bench Warrant is Issued in Your Name?
- Stay Calm and Gather Information: Panicking won’t help the situation. Instead, gather all relevant documents such as court notices, citations, or any other legal documents you have. Understand the reason behind the bench warrant to address it properly.
- Contact an Attorney: This is perhaps the most crucial step. An experienced attorney can guide you through the process, explain your rights, and provide the best possible legal strategy.
- Consider Self-Surrender: In some cases, turning yourself in might be a recommended strategy, especially if you have a valid reason for missing a court date. This can also send a message to the court about your intentions to cooperate.
- Address the Underlying Issue: If the bench warrant was issued due to unpaid fines, consider setting up a payment plan. If it’s due to a missed court date, make sure to reschedule and be present on the new date.
- Prepare for the Court Date: If you’re required to appear in court, make sure to be prepared. Gather any evidence, dress appropriately, and arrive early. Your attorney will guide you through the process.
Preventing Future Bench Warrants
To avoid facing another bench warrant:
- Always attend scheduled court dates.
- Keep your contact information updated with the court to ensure you receive all notices.
- Comply with all court orders, including payment of fines or attending required classes.
Let Tamou Law Group PLLC Assist You
Navigating the legal maze can be overwhelming, especially when there’s a looming threat of arrest due to a bench warrant. But with the right guidance and representation, you can effectively resolve the situation.
If you or a loved one has a bench warrant in Arizona or any other legal concern, don’t hesitate. Contact Tamou Law Group PLLC at 623-321-4699. Our dedicated team of legal professionals is committed to providing top-notch representation and advice tailored to your unique situation.
Remember, with the right legal help, you can move past this hurdle and ensure your rights are protected.
