In Texas, as in most states, a bench warrant is an order issued by the court to have an individual arrested. Unlike an arrest warrant – also issued by a judge – that gives police permission to arrest someone and charge them with a particular crime, bench warrants are most frequently issued when someone already charged with a crime fails to come to court for a scheduled appearance or hearing. Once police arrest someone sought under a bench warrant for failure to appear, that defendant is kept in jail to await a rescheduling of the hearing the defendant originally did not attend. Defendants who fail to appear and are brought in on a bench warrant can face charges for that failure to appear, in addition to the charges that got them in trouble in the first place.
Do Not Ignore an Outstanding Bench Warrant
Courts usually issue bench warrants on a motion from a party to the case. In most cases, that party is the prosecution, asking for a bench warrant for the arrest of a defendant who has failed to appear for a scheduled court appearance. However, even absent such a motion, the judge can issue a bench warrant on the judge’s own motion. Issuing a bench warrant is appropriate anytime a defendant has been released from custody, even if no bail was required for release, with the requirement that the defendant appear before the court at a particular time and then does not do so. This failure to appear has consequences.
First, when you are arrested on a bench warrant, you will be kept in jail until you can appear before the court you skipped out on to begin with. Second, you can face additional charges for your failure to appear. The additional charge could be as little as a Class C misdemeanor if the original charge is punishable by a fine, but it is at least a Class A misdemeanor under most other circumstances and a third-degree felony if the original charge is a felony itself. Obviously, the less severe the original charge, the less severe the additional charge will be for missing a court appearance:
- A Class C misdemeanor carries a punishment of a $500 fine, meaning that you will just pay a larger fine for whatever your original offense was, assuming the judge even levels the extra charge against you
- However, a Class A misdemeanor carries a fine of up to $4,000, up to a year in jail, or both
- If you were originally charged with a felony, the punishment for missing your court appearance could be that of a third-degree felony, which includes a prison term of at least two years and no less than 10, up to a $10,000 fine, or both.
If You are Facing a Bench Warrant in the Houston Area, Talk to the Madrid Law Firm
If you miss a court appearance and the court issues a bench warrant for your arrest, do not assume it is no big deal. No matter why you were originally supposed to appear before the court, you just made things worse. Before things really go south, talk to a lawyer who knows Texas criminal law. Talk to the Madrid Law Firm.
