If you are arrested on a bench warrant in Pennsylvania, you are generally entitled to a bench warrant hearing within 72 hours. This jail time begins after you are lodged in the county where the warrant was issued or by the close of the next business day for weekends and holidays. However, that hearing does not automatically mean you will be released. Instead, the judge will decide whether to release you, set or modify bail, or order you to remain in custody based on the circumstances of your case.
In this article, our criminal defense lawyer explains the process after a bench warrant arrest and why it is important to address a warrant as soon as possible.
What Is a Bench Warrant?
A bench warrant is a court order directing law enforcement officers to arrest someone and bring them before a judge. Unlike an arrest warrant, which is typically issued when someone is accused of committing a crime, a bench warrant is issued because a person allegedly failed to comply with a court order.
When a judge issues it, a bench warrant typically means:
- Failure to appear for a scheduled court hearing
- Violating a court order
- Failure to comply with court-ordered obligations
- Violating the conditions of bail
Once a bench warrant is issued, it remains active until the court recalls it or it is otherwise resolved. During that time, law enforcement may arrest the individual during a traffic stop, at home, at work, or during another encounter with police.
What Happens After You’re Arrested on a Bench Warrant?
After a bench warrant arrest, the legal process follows several steps before a judge decides whether you should be released or remain in custody.
Step 1: You Are Taken Into Custody
Once law enforcement confirms there is an active bench warrant, you will be taken into custody. Officers typically transport you to the appropriate correctional facility, where you will go through the booking process.
Booking generally includes confirming your identity, taking fingerprints and photographs, documenting the warrant, and processing you into the jail system.
Step 2: You Are Lodged in the Issuing County
If you are arrested outside the county that issued the warrant, you may be transferred to that county before the court addresses the warrant.
Once you are lodged in the issuing county, the timeframe for your bench warrant hearing generally begins. In Pennsylvania, the court is generally required to hold the hearing within 72 hours after you are lodged in the county that issued the warrant, or by the close of the next business day if the deadline falls when the court is closed.
Step 3: You Receive a Bench Warrant Hearing
The bench warrant hearing gives the judge an opportunity to determine how the case should proceed.
During the hearing, the judge may consider:
- Why the bench warrant was issued
- Whether you failed to appear or violated a court order
- Your history of complying with court requirements
- The nature of the underlying criminal case
- Whether changes to your bail status are appropriate
After considering these factors, the judge will decide whether you should be released or remain in custody.
What Can the Judge Decide at the Hearing?
The outcome of a bench warrant hearing depends on the facts of your case and the reason the warrant was issued. The judge has several options.
For example, the judge may allow you to remain free under your existing bail conditions if the circumstances warrant it. In other cases, the judge may modify your bail by imposing new conditions or requiring a different amount before release.
Depending on the situation, the judge may also release you on your own recognizance, meaning you are released without posting bail but are required to appear for all future court proceedings.
If the judge believes continued detention is appropriate, however, you may remain in jail after the hearing. The court may also schedule additional hearings or other proceedings necessary to move the underlying case forward.
Does the 72-Hour Rule Mean You’ll Be Released?
No. The 72-hour timeframe generally applies to when the bench warrant hearing must occur, not when you must be released.
Many people mistakenly believe they must be released once 72 hours have passed. In reality, the hearing gives the judge an opportunity to decide what should happen next. If the judge orders your release, you may leave custody after satisfying any bail requirements or other conditions imposed by the court.
If the judge orders continued detention, you may remain in jail after the hearing while your criminal case proceeds. The amount of time you ultimately spend in custody depends on the judge’s ruling and the circumstances of your case, not simply the passage of 72 hours.
Can You Turn Yourself In on a Bench Warrant?
Yes. If you know there is an active bench warrant for your arrest, voluntarily surrendering may allow you to address the matter in a more controlled manner than waiting to be arrested unexpectedly.
Turning yourself in does not guarantee that you will be released after your hearing, but it demonstrates that you are taking steps to resolve the warrant. Before doing so, it is often beneficial to speak with a criminal defense attorney who can explain what to expect and advise you on your options.
What Happens If You Ignore a Bench Warrant?
Ignoring a bench warrant rarely makes the situation better. In most cases, the warrant remains active until the court recalls it or it is otherwise resolved through the legal process.
While the warrant is outstanding, you may be arrested during a routine traffic stop, at your home, at your workplace, or during another interaction with law enforcement. Delaying action may also make it more difficult to address the underlying issues that caused the warrant to be issued.
Will a Bench Warrant Go Away on Its Own?
Generally, no. A bench warrant does not simply expire because time has passed.
Instead, it usually remains active until the court recalls the warrant or the matter is resolved through the appropriate legal process. Addressing the warrant promptly is often the best way to avoid an unexpected arrest and begin resolving your underlying case.
Contact McKenzie Law Firm, P.C. for Help Resolving a Bench Warrant
An active bench warrant should never be ignored. Although Pennsylvania generally requires a bench warrant hearing within 72 hours after you are lodged in the issuing county, that hearing determines whether you will be released or remain in custody. Taking prompt action can help you resolve the warrant and move your case forward.
If you are concerned about an active bench warrant or believe one has been issued in your case, contact McKenzie Law Firm, P.C. for a consultation. Attorney David McKenzie can explain your legal options, help you understand the court process, and work toward the best possible outcome for your situation.
