Finding out there's a warrant for your arrest can catch you off guard, especially if you didn't realize you'd missed a court date or had an unresolved issue with the court. Maybe you moved and never received notice of a hearing, or perhaps you were pulled over for a minor traffic violation and learned that an old criminal case had resulted in an outstanding warrant. Whatever the circumstances, having an active bench warrant in Indiana means you could be arrested, even if the original issue was an honest mistake.
If you believe there's a warrant out for your arrest, you may be wondering whether you need to turn yourself in, if you'll have to spend time in jail, or whether there's a way to get the warrant lifted. Knowing what to expect and how to address the warrant can help you avoid being caught off guard by an unexpected arrest.
What Is a Bench Warrant in Indiana?
A bench warrant is an order issued by a judge that authorizes law enforcement to take someone into custody. In criminal cases, bench warrants are commonly issued when someone fails to appear in court or comply with certain court requirements. Unlike an arrest warrant issued in connection with a new criminal investigation, a bench warrant typically stems from an existing court case.
Common reasons a judge may issue a bench warrant include:
- Missing a scheduled criminal court appearance
- Failing to comply with court-ordered conditions
- Violating probation terms
- Failing to complete required court-ordered programs
- Failing to appear when ordered to testify
For example, someone facing a misdemeanor charge may miss a hearing because they misunderstood the date or never received notice. Even though the underlying charge hasn't changed, the missed appearance could result in a warrant being issued. What started as a scheduling mistake can become a much bigger problem if the warrant is left unresolved.
Will You Be Arrested If You Have a Bench Warrant?
You can be arrested if you have an active bench warrant in Indiana, although that doesn't necessarily mean officers are actively searching for you. In many cases, people discover they have an outstanding warrant during an unrelated interaction with law enforcement. An officer who checks your information may see the warrant and take you into custody, even if the original reason for the encounter was minor.
This could happen during:
- A traffic stop
- An investigation following a car accident
- An encounter with law enforcement involving an unrelated matter
- Another situation where an officer checks for active warrants
Imagine being pulled over on your way to work, expecting a ticket, and instead learning that you have an outstanding warrant from a missed court appearance months earlier. Depending on the circumstances, you could be arrested and required to appear before a judge before being released. That's why addressing an outstanding warrant before it comes up unexpectedly is important.
Can You Go to Jail for a Bench Warrant in Indiana?
Yes, an active bench warrant can result in an arrest and time in jail. Whether you're released relatively quickly, required to post bond, or held until a court hearing depends on the circumstances of your case and the court's orders. You shouldn't assume that explaining the situation to an arresting officer will be enough to resolve the warrant.
A judge may consider factors such as:
- Why the warrant was issued
- Whether the underlying case involves a misdemeanor or felony
- Whether you've previously missed court appearances
- Your criminal history
- Any existing bond or probation conditions
Not every bench warrant leads to an extended jail stay, but there's no guarantee you'll be released immediately after an arrest. If you're concerned about going to jail because of an outstanding warrant, Hayes Law Office can review your case, discuss any applicable bond considerations, and help you prepare for the court proceedings that may be necessary.
What If You Missed Your Court Date by Accident?
Missing court doesn't always mean someone was deliberately avoiding a judge. Hearing notices can be sent to outdated addresses, unexpected emergencies can interfere with scheduled appearances, and simple scheduling mistakes happen. Unfortunately, having a legitimate explanation doesn't automatically cancel a bench warrant.
If you missed court because of a medical emergency, a notice sent to the wrong address, or another circumstance beyond your control, gather any documentation that explains what happened. This information may be relevant if you ask the judge to recall the warrant. However, the warrant generally remains active until the court takes action, even if you had a valid reason for missing the hearing.
How Can You Find Out If You Have an Active Warrant in Indiana?
If you suspect there's a warrant for your arrest, you may be wondering how to check without risking being taken into custody. Some people first learn about a possible warrant from a family member, an old court notice, or information related to a previous criminal case. Others know they missed a hearing but aren't sure whether the judge issued a warrant afterward.
Indiana court records may provide information through the state's online court system, MyCase. However, not every warrant or case detail will necessarily appear in publicly available records, so an online search may not provide a complete answer. The court handling your case may need to verify the warrant's status.
How Do You Get a Bench Warrant Lifted in Indiana?
If you've discovered an active bench warrant, your next question is probably how to get it lifted without being arrested. In Indiana, resolving a bench warrant may involve asking the court to recall or withdraw it. The process depends on why the warrant was issued, the underlying criminal case, and the court's requirements.
1. Find Out Why the Warrant Was Issued
Before taking action, it's important to understand what caused the warrant. Was it issued because you missed a criminal court hearing, failed to comply with probation requirements, or didn't complete a court-ordered obligation? The reason matters because it can affect what the judge requires before considering whether to lift the warrant.
2. Request That the Court Recall the Warrant
Depending on the circumstances, it may be possible to file a motion asking the judge to recall or withdraw the bench warrant. The request may explain why you missed court, provide supporting documentation, and demonstrate your willingness to comply with future court requirements.
Attorney Philip Hayes can review your case and determine whether requesting a warrant recall may be appropriate. However, the judge has the final say, and filing a motion doesn't automatically suspend or cancel an active warrant.
3. Attend Any Required Court Hearings
Even when a request to recall a warrant is made, the court may require you to appear in person. Depending on the case, you may need to address the missed hearing, discuss compliance with previous court orders, or resolve questions involving bond or probation conditions. In some situations, surrendering or being taken into custody may be necessary before the matter can proceed.
Can You Get a Bench Warrant Lifted Without Going to Jail?
In some circumstances, a judge may agree to recall a bench warrant without requiring the person to be arrested first. In other cases, a court appearance, surrender, or time in custody may be necessary. There's no guarantee that a warrant can be lifted without jail time, which is why it's important to understand what the court may require before deciding how to proceed.
Do Bench Warrants Expire in Indiana?
If a bench warrant was issued months or even years ago, you may wonder whether it's still active. Some people assume that an old warrant will eventually expire, especially if they haven't heard anything from the court or law enforcement. However, you shouldn't assume a bench warrant is no longer enforceable simply because time has passed.
An outstanding warrant can remain active until the court takes appropriate action, even when the underlying criminal case is several years old. Someone who has gone years without an issue may still discover an active warrant during a traffic stop or another encounter with law enforcement. If you believe you have an old bench warrant in Indiana, confirming its status is an important first step.
Can Hayes Law Office Help With an Outstanding Bench Warrant?
If you're dealing with an outstanding warrant, you may have questions about whether you'll be arrested, whether the warrant can be recalled, and what will happen to your underlying criminal case. The answers depend on your circumstances, including why the warrant was issued and the court handling the matter.
Attorney Philip Hayes has more than 20 years of experience representing individuals facing criminal charges in Indiana. Depending on your case, Hayes Law Office may be able to help you:
- Determine why the warrant was issued and whether it remains active
- Evaluate whether there are grounds to request a warrant recall
- Prepare and file appropriate motions with the court
- Address questions involving bond or potential time in custody
- Prepare for required court appearances
- Address related criminal charges or probation violations
Taking action before an arrest doesn't guarantee that you'll avoid jail, but it may give you an opportunity to address the situation in a more prepared manner.
Talk to Hayes Law Office About Your Bench Warrant
An outstanding bench warrant can create problems when you least expect them. A routine traffic stop or unrelated police encounter could lead to an arrest because of a warrant you haven't addressed. Even if the original issue was a missed hearing or misunderstanding, the warrant may remain active until the court takes action.
If you have a bench warrant in Indiana, or believe one may have been issued in connection with a criminal case, Hayes Law Office can help you determine what to do next. Attorney Philip Hayes can review your circumstances, assess whether there may be a way to request that the warrant be recalled, and represent you in court when necessary.
Don't wait until an unexpected arrest forces you to deal with an outstanding warrant. Contact Hayes Law Office today to discuss your case and learn what steps may be available to address your Indiana bench warrant.
