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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.
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Frequently Asked Questions
What happens if you miss a court date in Arizona?
If you miss a court date in Arizona, the judge can issue a bench warrant for your arrest and charge you with failure to appear under A.R.S. 13-2506. Police can arrest you at any time, and the court may also suspend your driver’s license or forfeit your bond.
How long does a bench warrant last in Arizona?
A bench warrant in Arizona never expires; it stays active until you are arrested or a judge quashes it. Even decades-old warrants can surface during traffic stops, background checks, or license renewals, so resolving the warrant quickly is always better than waiting.
Can you find out if you have a bench warrant in Arizona?
Yes, you can check for an Arizona bench warrant through the Arizona Judicial Branch’s public case lookup at azcourts.gov, by calling the court clerk, or by having a defense attorney check for you. An attorney inquiry avoids the risk of being arrested on the spot.
Is failure to appear a felony in Arizona?
Failure to appear is a felony in Arizona only when you miss a court date in a felony case; A.R.S. 13-2507 makes it a class 5 felony. Missing court in a misdemeanor case is failure to appear in the second degree, a class 1 misdemeanor under A.R.S. 13-2506.
How do you get a bench warrant quashed in Arizona?
To quash a bench warrant in Arizona, you or your attorney file a motion to quash with the issuing court, explaining why you missed the appearance and asking the judge to recall the warrant and set a new date. Judges often grant these motions when you act promptly and show good cause.
Does a bench warrant show up on a background check in Arizona?
Yes, an active Arizona bench warrant can appear on criminal background checks used by employers, landlords, and licensing boards. Because the warrant remains active until it is quashed or served, it can quietly block jobs, housing, and professional licenses long after the missed court date.
Can a lawyer clear a bench warrant without you going to jail in Arizona?
Yes, in many Arizona misdemeanor cases a lawyer can file a motion to quash and appear in court on your behalf, clearing the warrant without you being booked. In felony cases you usually must appear, but an attorney can arrange a walk-in surrender that minimizes custody time.
How much does it cost to hire a lawyer for a bench warrant in Arizona?
Most Arizona defense attorneys charge a flat fee to quash a bench warrant, often ranging from several hundred to a few thousand dollars depending on the court and whether the underlying case is a misdemeanor or felony. Tamou Law Group offers free consultations to review your warrant. Call 623-321-4699, 24/7.
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We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
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