How Do You Clear a Bench Warrant in Pennsylvania?
Finding out there is a bench warrant in Pennsylvania with your name on it is a frightening moment. Maybe you missed a court date. Maybe you forgot about a fine. Whatever the reason, the warrant does not go away on its own. Bench warrants in Pennsylvania remain active until the subject of the warrant is arrested or appears before a judge. That means law enforcement can arrest you at any moment, including during a routine traffic stop. The good news is that acting quickly gives you real options. This blog explains exactly what a bench warrant is, why it gets issued, and the steps you can take to clear it before things get worse.
What Is a Bench Warrant in Pennsylvania?
A bench warrant is a specific type of order issued directly by a judge authorizing law enforcement to arrest you and bring you before the court. It gets its name because the judge issues it from the bench, their seat in the courtroom. Unlike an arrest warrant tied to a new criminal accusation, a bench warrant Pennsylvania courts issue is about non-compliance. It is not an accusation that you committed a brand-new crime. Instead, it is a tool the court uses to enforce its own rules. For a deeper explanation of what a bench warrant means for your specific situation, read the McKenzie Law Firm FAQ on bench warrants.
Why Do Pennsylvania Courts Issue Bench Warrants?
In Pennsylvania, bench warrants may be issued in criminal court or civil court. There are two main scenarios: failure to appear at a scheduled court hearing, and failure to comply with a subpoena or other court order. Common reasons a bench warrant Pennsylvania judge issues include:
- Missing a court date: A failure to appear is the most common reason for a warrant, whether you missed a preliminary hearing, a formal arraignment, or a trial.
- Unpaid fines or restitution: If you stop making court-ordered payments and ignore subsequent warnings to explain your financial situation, the judge will issue a warrant for a failure-to-pay hearing.
- Probation violations: Missing a check-in, failing a drug screen, or not completing mandatory classes can prompt your officer to report non-compliance.
- Ignoring a subpoena: Witnesses who ignore legally binding subpoenas or individuals who violate court orders, such as a Protection From Abuse order, can be arrested to address the breach.
- Failure to complete court-mandated programs: Missing required anger management, DUI classes, or community service can also trigger a warrant.
Not sure whether a bench warrant has been issued for you? Learn what a bench warrant means and how to find out if one is active.
Does a Bench Warrant Expire in Pennsylvania?
Many people assume that if they stay quiet long enough, the warrant will eventually disappear. Bench warrants do not have an expiration date. They remain active until the subject of the warrant is deceased, is arrested for the outstanding bench warrant, or appears before a judge.
You could be pulled over a decade after missing a court date, and that warrant will still show up on the officer’s computer. There is one narrow exception: if a bench warrant hearing is not held within the time limits set by Pennsylvania Rule of Criminal Procedure 150, the bench warrant shall expire by operation of law. But this only applies after you are already arrested. While you are free, the warrant stays active.
What Happens If You Are Arrested on a Bench Warrant?
When a defendant or witness is arrested pursuant to a bench warrant, they shall be taken without unnecessary delay for a hearing on the bench warrant. 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. If the 72-hour window falls on a weekend, your bench warrant hearing will be scheduled for the next business day.
At the hearing, things can get more complicated. A judge could hold you in contempt, which can be punished by a fine or a jail sentence of up to six months. Additionally, the judge could revoke your bail if they conclude you are a flight risk, or raise your bail so that you have to pay more money in order to get released.
Driver’s license suspension is also possible. For certain offenses, the court will notify PennDOT of your failure to appear, resulting in the suspension of your driving privileges until the warrant is cleared.
How to Clear a Bench Warrant in Pennsylvania
Ignoring a bench warrant rarely makes the problem go away. In many cases, taking action early can help you avoid additional legal complications and improve your chances of resolving the matter more smoothly. The best approach depends on why the warrant was issued and the specific facts of your case. Here are some of the most common ways to address a bench warrant in Pennsylvania:
Option 1: Appear in Court Voluntarily
To handle a bench warrant correctly, the best thing to do is physically appear in court to ensure that the bench warrant is lifted. Voluntary appearance shows the court that you are taking the matter seriously. Judges respond better to defendants who come forward on their own rather than those who are tracked down and arrested.
Option 2: Have Your Attorney Appear on Your Behalf
In rare cases, it is possible to have a lawyer appear in court on your behalf to handle the matter. This is situation-dependent, but an experienced attorney may be able to resolve certain bench warrant issues without requiring your physical presence in court. Contact a defense lawyer first to find out whether this applies to your case.
Option 3: Negotiate a Surrender Through Your Attorney
In several cases, if an experienced criminal attorney can negotiate terms of a surrender, the District Attorney will recommend the bench warrant be lifted and you will not have to go to jail. This is one of the strongest reasons to get legal help before walking into a courthouse alone. A lawyer who contacts the DA’s office ahead of time can sometimes arrange more favorable terms for your appearance.
Option 4: File a Motion to Quash or Recall the Warrant
An attorney can file a formal motion with the Court of Common Pleas to quash or recall a bench warrant. In this motion, they can argue reasons why the warrant should be lifted, such as: you never received proper notice of the court appearance, you were unaware a case had been filed against you, you believed you had complied with a previous court order, or you had a valid reason for missing court such as a medical emergency supported by medical records. This option is particularly useful when the bench warrant Pennsylvania courts issued was based on circumstances outside your control.
Two Types of Bench Warrants in Pennsylvania
There are two types of bench warrants: normal bench warrants and judge-only bench warrants. A normal bench warrant is handled by the judge assigned to bench warrant court on a particular day. Judge-only bench warrants can only be handled by the judge that issued them.
This distinction matters because it affects how your hearing will be scheduled and which judge will make decisions about your case. Your attorney can confirm which type applies to your situation before you appear.
How to Check If You Have a Bench Warrant in Pennsylvania
You can confirm that you have an active Pennsylvania warrant from the Pennsylvania Judiciary Web Portal. You can also request a check through a criminal defense attorney. If you are unsure whether there is a bench warrant out for your arrest, you can call a criminal attorney who will look up your charges and provide a consultation. Knowing your status before law enforcement contacts you puts you in a far stronger position to handle it proactively.
What NOT to Do When You Have a Bench Warrant
Ignoring the problem is the worst decision you can make. Here is what to avoid:
- Do not assume the warrant will go away with time. It will not.
- Do not turn yourself in without speaking to a lawyer first. You may have more options than you realize.
- Do not try to handle it alone at the courthouse without legal representation. A judge may raise your bail, hold you in contempt, or detain you right there.
- Do not delay. The longer it takes you to deal with the bench warrant, the less likely the court is to be lenient when determining your punishment.
How McKenzie Law Firm Can Help Clear Your Bench Warrant
At McKenzie Law Firm, P.C., the firm may be able to help you clear your warrant and avoid jail. You may be able to self-surrender to the court that issued the warrant and go before a judge, schedule a new court date, or work out another solution.
Attorney David McKenzie is a former prosecutor who understands exactly how Pennsylvania courts handle these situations. He has the experience to negotiate with prosecutors, arrange voluntary surrenders, and file motions that may resolve your bench warrant without unnecessary jail time. The firm holds an AVVO rating of 10.0 Superb and has earned over 800 five-star reviews from clients across Pennsylvania.
An Outstanding Warrant Will Not Wait. Neither Should You.
A bench warrant in Pennsylvania is a serious legal matter that grows more complicated the longer it sits unresolved. Acting now gives you the best chance at resolving the issue on your terms rather than being arrested at the worst possible moment. McKenzie Law Firm, P.C. is ready to review your situation and help you take the right next step toward clearing your warrant and protecting your future.
Contact McKenzie Law Firm, P.C. today
Phone Number: (610) 756-1303
Email Address: info@davidmckenzielawfirm.com
Office Hours: Mon-Fri: 8 AM – 5:30 PM, Sat-Sun: 9 AM – 12 PM
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McKenzie Law Firm, P.C.
325 Sentry Pkwy, Building 5 West, Suite 200
Blue Bell, PA 19422
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Exton, PA 19341
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King Of Prussia, PA, 19406
