A bench warrant in New Hampshire is a court order that allows law enforcement to arrest someone for failing to follow a judge’s instructions, such as missing a court date or violating probation. Unlike an arrest warrant, which is typically issued after someone is suspected of committing a crime, a bench warrant is issued for not complying with a court order.
Understanding what a bench warrant means and how it can be resolved can make the process less stressful. Speaking with a Nashua criminal defense attorney can also help you understand your options.
What is a bench warrant, and how does it work?
A bench warrant is issued directly by a judge to require someone to appear before the court. If a bench warrant is active, law enforcement may arrest you during a traffic stop or at another point of contact. After an arrest, the court may allow bail or set conditions for release, depending on the circumstances.
In some cases, a bench warrant can be resolved by addressing the underlying issue and appearing before the court, which may then withdraw the warrant.
Why are bench warrants issued in New Hampshire?
Bench warrants are issued when an individual hasn’t followed a court order or directive, such as:
- Failure to pay court fines or restitution
- Failure to pay child support
- Missing a court date (even by accident)
- Contempt of court (disrespectful or obstructive behavior during a court proceeding) or disobeying a direct order from a judge
- Probation violation
- Failure to complete court-ordered community service or classes
- Violating a restraining order
A judge issues bench warrants, just as they do search and arrest warrants. There is no expiration date for a bench warrant; it is active until the judge cancels it.
What should I do if I have a bench warrant issued against me?
If you learn that a bench warrant has been issued, review any notice carefully and contact the court to ask what steps are required to resolve it.
If you didn’t know you had a bench warrant issued until your arrest, you can ask to read or see it, but be sure to comply fully with the officer’s directions during the arrest, so you don’t end up in trouble for resisting arrest.
Call a lawyer who can help you resolve the matter and petition the court to cancel the bench warrant. An attorney can also help you make arrangements with the court for compliance, such as setting up a payment plan for fines or rescheduling a missed court date.
Get the legal help you need to resolve a bench warrant
Being arrested on a bench warrant can be unexpected, especially when the issue involves a missed court obligation rather than a new criminal charge. After an arrest on a bench warrant, it’s important to retain legal representation as quickly as possible, so you can get out of jail and take steps to resolve the matter. The criminal defense attorneys at Shaheen & Gordon can explain your legal options and protect your freedom. Contact us online or by calling (800) 451-1002 for a consultation.
