When a Pennsylvania judge approves or issues a warrant, you have several options. You may be able to self-surrender to the court that issued the warrant and go before a judge. You may also be able to schedule a new court date or work out another solution.
All too often, individuals with an active warrant believe the only thing they can do is turn themselves in or “keep a low profile” to avoid being arrested. Both situations generally end with the person going to jail, at least for a few hours. As our criminal defense lawyer explains in the following article, you may be able to amicably work out the reason for your warrant with the judicial authority. However, there is no guarantee that by doing so you will avoid criminal prosecution.
You May Be Able to Go Before a Judge to Avoid Going to Jail
In general, your warrant will remain active until you surrender yourself to the police or appear before a judge. You can confirm that you have an outstanding Pennsylvania warrant from the Pennsylvania Judiciary Web Portal. Follow the Case Information menu to the Public Web Docket sheets.
A criminal defense attorney may know how to navigate the warrant situation in your case. Your lawyer may be able to reach out to the court to work out your voluntary surrender. In some cases, they may be able to schedule a hearing quickly so that you can go before a judge immediately instead of going into police custody.
Depending on your charge, your attorney may be able to work out a solution with the court that gets rid of your warrant and does not involve jail time.
This could include:
- Paying a fine or accepting another penalty
- Resolving the issue that caused the judge to issue the warrant
- Appearing in court to answer for an alleged crime
A criminal defense lawyer may have other solutions for resolving your warrant.
You Can Only Be Held for 72 Hours if You Go to Jail Because of a Warrant
Occasionally, you may need to self-surrender or otherwise turn yourself in if there is a warrant issued in your name. Under Pennsylvania Code, Rule 1910.13-1, you are guaranteed a hearing within 72 hours in most circumstances. Unfortunately, that timeframe could be extended if it overlaps a period when the courts are closed, such as a weekend or federal holiday.
Even if you do go to jail, you may spend only a few hours in custody if you are offered bail and can pay it. If you cannot pay your bail, or if you committed an offense that does not allow this option, you may need to stay in jail until a judge sees you.
Understanding Bench Warrants and Arrest Warrants in Pennsylvania
There are two types of warrants you may face in Pennsylvania:
- Bench warrants are issued by a judge if you fail to appear in court or are held in contempt of the court.
- Arrest warrants are requested by police and approved by a judge if there is probable cause to believe the person committed a crime.
Both types of warrants require the person to go before a judge. When a judge issues or approves a warrant, police are notified that the person is “wanted.” Police officers may be tasked with tracking and arresting those with active warrants.
This could include an arrest occurring:
- At your house
- At your work
- During a traffic stop
- Anywhere in public
You should resolve your warrant as soon as possible to avoid arrest.
Can a Bench Warrant Be Lifted Without an Arrest?
Many people assume that once a bench warrant is issued, they will automatically be arrested and taken to jail. However, that is not always the case. Depending on the circumstances, a judge may allow a person to address the issue through a court appearance rather than an arrest.
Whether this is possible often depends on the reason the warrant was issued and the individual’s history with court orders. For example, a judge may view a single missed court appearance differently from a pattern of repeated failures to appear. Every situation is unique, and the available options can vary.
It is important to understand that there is no guarantee that a bench warrant will be lifted without an arrest. In some situations, a judge may require the person to appear in custody before the matter is resolved. In others, the court may permit the person to appear before a judge at a scheduled hearing.
Because court procedures differ based on the facts of each case, individuals with an active bench warrant should take steps to learn about their specific circumstances and any requirements imposed by the court.
Court Procedures May Vary Across the State
You should also understand that the process for addressing a bench warrant is not always the same in every Pennsylvania court. Procedures can vary depending on:
- The county
- The judge assigned to the case
- The circumstances surrounding the warrant
As a result, options that may be available in one case may not be available in another.
What Should You Do If You Discover You Have a Warrant?
Discovering that there is an active warrant issued in your name can be alarming. However, it is important to remain calm and gather accurate information before making any decisions.
Confirm the Warrant and Identify the Court
First, try to confirm that the warrant exists and identify which court issued it. You should also determine whether the warrant is connected to:
- A missed court appearance
- An existing case
- A new criminal allegation
Having accurate information about the warrant can help you better understand your situation and what steps may be available.
Do Not Assume the Warrant Will Go Away
It is also important not to assume that the warrant will simply disappear over time. In many cases, warrants remain active until the issue is addressed through the court system. Waiting too long to act could increase the likelihood of an unexpected encounter with law enforcement.
Gather Any Relevant Court Documents
If you discover that a warrant has been issued, consider gathering any documents related to your case, including court notices, citations, or other paperwork you may have received. Having these materials available can make it easier to understand the circumstances surrounding the warrant and prepare for the next steps.
What Happens If You Ignore a Warrant?
Ignoring a warrant can create additional legal complications. While it may be tempting to put the situation out of your mind, an active warrant generally remains in effect until it is resolved through the appropriate legal process.
You Could Be Arrested Unexpectedly
One of the most significant risks of ignoring a warrant is the possibility of an unexpected arrest. As discussed above, law enforcement officers may encounter individuals with active warrants during routine interactions, including traffic stops or other public encounters.
Resolving the Matter May Become More Difficult
In some situations, ignoring the warrant can make it more challenging to address the underlying issue. Court dates may pass, important documents may become harder to locate, and witnesses’ memories may fade over time. Taking steps to understand and address the warrant sooner rather than later may help you avoid additional complications.
An Active Warrant Can Create Ongoing Stress
Many people find that living with an outstanding warrant creates stress in their daily lives. Concerns about being stopped by law enforcement or dealing with an unexpected arrest can become a source of worry. Understanding your legal situation and addressing it appropriately may provide greater clarity about what comes next.
An Attorney May Be Able to Help You Clear Your Warrant
It can be frightening to learn that there is a bench or arrest warrant issued for you, and it can be confusing or unclear to figure out what to do next. Criminal defense attorneys regularly offer consultation and representation to people in these situations.
A criminal defense lawyer may be able to contact the court that issued the warrant on your behalf to arrange:
- A new court date
- Another way to resolve the issue with the court
Depending on the reason for your warrant, your court hearing may give your attorney the opportunity to negotiate terms regarding your future. They may be able to work toward settling your case, negotiating bail, negotiating a plea bargain, or taking other steps on your behalf.
McKenzie Law Firm, P.C. May Be Able to Help You Avoid Jail
At McKenzie Law Firm, P.C., we may be able to help you clear your warrant and avoid jail in Montgomery County or other nearby areas. Call us today for a case consultation. We can discuss your bench warrant or arrest warrant with you today, no matter what criminal charge or infraction it represents.
