Imagine hearing a knock at the door during a family dinner. You get up to answer the door, only to find an officer waiting to inform you that they are there to bring you in on an outstanding bench warrant. 

This example goes to show how serious a bench warrant is. Unfortunately, this outcome is all too common for those who neglect their legal responsibilities. 

While it may seem like something you can simply ignore, there are significant consequences of not complying with a bench warrant. 

Today, we’ll help you understand what it means to receive a bench warrant in Illinois, as well as who to call if you have a warrant. 

What Does a Bench Warrant Mean?

What does a bench warrant mean in Illinois? A bench warrant is one of several types of warrants that may be issued by a judge. 

Warrants empower law enforcement officers to carry out a specific action on behalf of the justice system. They are typically issued as either arrest warrants, search warrants, or bench warrants. 

A bench warrant means that a defendant has ignored or violated a court order. Unlike arrest warrants or search warrants, a bench warrant can only be issued when a defendant is already involved in the legal system. 

Reasons a Bench Warrant May Be Issued

There are several reasons why a bench warrant may be issued. 

The most common reason for a bench warrant is the failure to appear at a court date. This can include skipping your first court date, trial, or other court mandated appearance. 

Bench warrants may also be issued when you fail to pay a court ordered fine, or when failing to pay traffic citations. 

A bench warrant may also be issued if you fail to obey a court order. For example, if you are ordered by the court to complete a community service program, but fail to do so, a bench warrant may be issued. 

Failure to comply with any form of court issued appearance or service is likely to result in a bench warrant being issued. 

Is a Bench Warrant Serious?

Being issued a bench warrant is indeed serious. A bench warrant allows officers to arrest you at any time, day or night. Once arrested, you will be taken to court to explain why you ignored or violated the court order. 

In the state of Illinois, bench warrants do not expire. They remain active until you have been apprehended and you have been brought into court, or until a judge has canceled the warrant. There is no statute of limitations, and they will not expire if you simply ignore them and hope for the best. 

A bench warrant can have other negative effects as well. The court can send notice of your bench warrant to the Illinois Department of Motor Vehicles, who can suspend your driver’s license. 

Not only that, but a bench warrant can even affect your ability to travel. A bench warrant can result in you being unable to pass through airport security checkpoints, as well as restrict your ability to leave the country.

Remember, while there is an active bench warrant, you are subject to arrest at home or any time you appear in public. An arrest can even take months to happen, so resolving a bench warrant in a timely manner is your best option.

What Happens When You are Arrested on a Bench Warrant?

After being arrested, you will be brought to the court and possibly detained until you can appear before the judge. In some cases, you may be able to post bond and be released until you can be brought before the judge.

In either case, you will ultimately be brought before a judge, who will question you as to why you disobeyed the court’s orders. The judge needs to hear an acceptable reason that you missed a court date or defied court orders. 

If there is a valid reason, for example you missed your court date because your child was in the hospital, then the judge may accept your reason and recall the bench warrant. The judge would then schedule a new court date.

But if your reason is not accepted, the potential penalties you may face when arrested on a bench warrant depend on the circumstances of the original crime. 

Minor offenses, such as failure to pay a traffic citation, are likely to result in additional fines. However, if your initial charges are more serious, there will be more serious repercussions for defying court orders.

Some of these include:

• Revocation of Bond – The court may revoke your bond, and return you to jail while you await your next court date. 

• Issue a New Bond – A new bond may be issued, at a higher cost than the previous bond.

• Issue an Arrest Warrant – If the crime was of a serious nature, an arrest warrant may be issued and you may be taken into custody. 

• Additional Charges – Failure to appear in court or to follow court orders may even result in additional charges, ranging from a misdemeanor to a felony.

Who Do I Call If I Have A Bench Warrant?

If a bench warrant has been issued for you, the first thing you need to do is retain the services of an experienced Illinois criminal defense lawyer. 

Obtaining representation is essential to gaining a favorable outcome. A skilled defense attorney can examine the circumstances of your case and help you prepare an argument for the judge to recall the bench warrant. 

With the help of an attorney, you can contact the court and make arrangements to surrender yourself. This will avoid the threat of a forceful arrest, and your attorney may be able to arrange a favorable bond to keep you out of jail while you await your court date. 

Going forward, it is absolutely critical that you abide with all court dates, community service, and counseling session requirements mandated by the court. If you do not comply with these orders, do not expect any leniency from the courts. 

Conclusion

A bench warrant is a serious action taken by a court when a defendant fails to make court ordered appearances. Failure to attend court ordered hearings or to comply with other court orders can result in your arrest, revocation of bond, and time spent in jail until your case is resolved. 

Don’t make the mistake of waiting for the authorities to come knocking on your door. Your best course of action in resolving a bench warrant is to contact an experienced defense attorney to aid you in achieving a peaceful resolution. They can help you make arrangements to surrender yourself to the court, giving you peace of mind while your court case is settled.