BENCH WARRANTS CRIMINAL DEFENSE ATTORNEY, PITTSBURGH PA
BENCH WARRANTS IN PENNSYLVANIA
Having an outstanding bench warrant against you can have extremely embarrassing repercussions. Bench warrants in Pennsylvania remain outstanding until the person named in the warrant is either arrested, or turns themselves in. That means that you could potentially be taken into custody by police at any time, anywhere.
If you have a bench warrant outstanding in Pennsylvania, you should seek the help of a knowledgeable criminal attorney immediately.
An attorney can help explain any charges you may face -and help you get the bench warrant cleared up. By seeking the advice of an experienced attorney, you may be able to take care of your bench warrant without being arrested.
The Pennsylvania court process can be confusing, but it is important to understand your charges, the consequences you face, and what to expect, in order to be prepared to fight for your rights.
If you have been arrested for, or know that you have an outstanding bench warrant against you, the very first thing you should do is contact an experienced Pittsburgh criminal lawyer for a free legal consultation.
Attorney David J. Shrager is personally available via his cell phone, 24/7 and will return your call or text as soon as he can if he is in court at the time of your call.
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Don’t Be Scared; Be Prepared!
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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COURT ISSUED BENCH WARRANTS IN PENNSYLVANIA
In Pennsylvania bench warrants may be issued in criminal court or civil court.
There are two scenarios in which the court will issue a bench warrant. The first pertains to criminal cases and the second, to civil cases:
- Failure to Appear (at a scheduled court hearing or appearance)
- Failure to Comply (with a subpoena or other court order)
If you have been charged with a crime and have received notice of a court date, you must appear at the scheduled date and time the court states. If you fail to do so, the judge will issue a bench warrant for your arrest.
This holds true no matter what type of appearance you were due to make. Whether it is your preliminary hearing, trial, or appearing to serve your sentence – failure to appear when required to do so by the court will lead to a bench warrant being issued.
For civil cases, a bench warrant can be issued for non-compliance with a court order. While this can include anything that you have received notice of the court requesting, it most often occurs when a person fails to make an appearance as a witness or does not produce documents that were ordered to be handed over to the court.
A bench warrant must be issued within sixty days of the date a person failed to appear. It will remain open and waiting indefinitely. In either case, criminal or civil, the outcome will result in your being arrested when the police catch up with you.
Once arrested, the court must hold a hearing to resolve your bench warrant within 72 hours. During that time, you will be detained in jail. By contacting a criminal attorney to handle your outstanding bench warrant, you may be able to avoid the hassle and embarrassment of spending time in jail.
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Don’t Be Scared; Be Prepared!
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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PUNISHMENT FOR A BENCH WARRANT
In civil cases, the person arrested for failure to comply with a court order can be charged with contempt of court. The punishment for contempt is a fine and up to six months in jail. The longer it takes you to deal with the bench warrant, the less likely the court is to be lenient when determining your punishment. Handling it immediately is generally the best course of action for avoiding any jail time or significant fines.
In criminal cases, the defendant who failed to appear in court can be charged with an additional crime. If the charges were a misdemeanor or felony, the court can even bump up the charges as punishment. This means increased fines and jail time. Having a criminal attorney’s help can mean all the difference. They can help negotiate the terms of your release and represent your best interest at the bench warrant hearing to try to make sure that does not happen.
When the defendant in a criminal case is charged with a relatively minor crime, usually a simple, summary offense, a judge can determine that the case can move forward without the defendant’s presence and enter a judgment and sentencing. However, if the judge decides the defendant’s presence is necessary for the case to proceed, even in the simplest of cases, a bench warrant will be issued.
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BEING ARRESTED FOR A BENCH WARRANT DOES
NOT HAVE TO MEAN THAT YOU WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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DEFENSES TO A BENCH WARRANT IN PENNSYLVANIA
In order for a bench warrant to be properly issued, it must be proven that the person in question received “actual notice” of their need to appear or produce documents in court.
Actual notice of a bench warrant includes any of the following methods of delivery:
- A signed receipt for a court order
- A court employee handed the order directly to the person
- A competent adult, who is not associated with the case, handed it directly to the person and can attest to that fact.
- Notice was mailed to your address and was not returned
Therefore, one defense to a bench warrant is not receiving “actual notice” and thus, were unaware of your need to appear.
Another defense to a bench warrant would be an emergency. For this defense to apply, you must have had an actual emergency – a hospital stay, death in the family, or some other real and unavoidable situation that would keep a person from appearing. If you can prove to the court that you were, in fact, dealing with a true emergency, the judge can decide to reschedule your original court date.
FIGHTING FOR YOUR RIGHTS
The worst thing to do is nothing and hope this goes away. It won’t. The longer you wait to contact an attorney, the worse your situation could get.
Do not leave the threat of an arrest looming over you. Stop panicking and let us do the worrying for you — we are here to help. We will fight aggressively for your rights and work hard to protect your future.
What Shrager Defense Attorneys Can Do For You
At Shrager Defense Attorneys, we empathize with your situation and will talk to you plainly about the consequences you may face. Our staff will never talk down to you or make you feel worse about your situation. We are here to help you understand the charges brought against you and the legal proceedings you face.
Shrager Defense Attorneys are experienced Criminal Lawyers in Pittsburgh, PA who, for years, have been fighting and winning criminal defense cases. Don’t delay — let us defend your rights and protect your future.
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FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
