Bench Warrant Attorney Utah
- Salt Lake Criminal Lawyer
A Utah bench warrant or arrest warrant is an order from a judge to have
a person arrested. If you have an outstanding bench warrant
or arrest warrant, posting a bond through a bond company
is just one of
your options. An experienced Utah criminal defense attorney
can help you find other less expensive ways to secure your release from
jail. With the assistance of a
good criminal attorney, the court may agree to recall the warrant,
reduce the bail, release you on your own recognizance, or release you
through a pretrial supervision program. Contacting
attorney in Utah for assistance before you are arrested is critical to
Why do Utah criminal court's issue bench warrants?
In Utah criminal cases, bench warrants or arrest warrants are commonly
issued when the case is first filed. While a judge usually has the
option of issuing a summons instead, the issuance of a warrant is
common. Bench warrants are also commonly issued if the defendant does
at a required court hearing (often referred to as a "failure to
Utah criminal courts also may use issue a bench warrant if information
is brought to the court's attention
indicating that the defendant is not in compliance with a court order.
In such circumstances, a court will issue an "order to show
" requiring the defendant to show the judge why
probation should not be revoked and the original sentence imposed.
Arrest warrants are commonly issued in connection with orders to show
What do I do if I find out that I have an outstanding Utah
If you have an outstanding warrant, you have the option of posting bail
or a bond, or appearing in court and requesting that the judge recall
the warrant. There are advantages and disadvantages to both approaches.
An experienced criminal defense attorney can help you determine which
course of action is best for your circumstances.
Some Utah courts will allow you to
schedule a court date to see the judge and ask to have the warrant
recalled. Other courts will require you to appear on what is
sometimes called a "walk-in" calendar. Either way, if you are
going to ask the judge to recall the warrant, you should be prepared to
give a good reason why the judge should do so.
If the warrant was issued when a new criminal case was filed, you
should be prepared to convince the judge that you are not a flight
risk, that you are not a risk to the community, and that you will
appear for all scheduled court dates. A demonstration that
you have strong local ties, a steady job, and a good history of
appearing in court (if you have prior cases) can help.
If the warrant was issued for missing a court date, you will need to be
prepared with a valid explanation for why you missed court. For
example, if you claim that you missed court because you
were sick or in the hospital, documentation from your doctor may help
convince that judge that your explanation is legitimate.
If the warrant was issued for an alleged violation of probation, your
situation will be somewhat more complicated. You will have to
first address the outstanding warrant. But even if the
warrant is recalled, you will still be left with an Order to Show
for the probation
. Although it is usually not in
your best interest to address all of the allegations on an order to
show cause the first time you come to court on it, your situation can
sometimes be helped if you have documentation of what you have done to
comply with your probation
. (Note: If any of the allegations in an
order to show cause involve new criminal charges or relate to the
investigation of new criminal activity, it is critical that
you speak to a defense attorney before you make any statements
regarding those allegations. Any statements you make can be
used against you both on the order to show cause and on the new case if
charges are filed.)
What if the judge refuses to recall the warrant?
If you are not able to convince the judge to recall the warrant, you
have the choice of either posting bail in the full amount of
the warrant, or working through a bond company. Most bond
companies will charge you 10% of the bail amount, and may
still require that you agree to a lien against property (such as your
home). The 10% fee you pay is normally non-refundable.
How do I find an experienced criminal defense attorney in
Before you make any decisions on how to deal with your outstanding
warrant, you should talk to an experienced
Utah criminal defense
to make sure that you are making the decision that
your case the most.
Based in Salt Lake City, criminal
Stephen Howard offers legal services to
clients throughout Utah, and has handled thousands of serious felony
cases during his
career. If you believe that you may have an outstanding
warrant for your arrest, contact