Bench warrants or arrest warrants are issued by criminal courts in Utah for people who have had new criminal charges filed, have failed to appear for a required court appearance, or have violated the terms of probation ordered by the court. Once a warrant has been issued, it can remain active or be renewed indefinitely. Good legal advice is critical in resolving a warrant and its underlying case.
Options for Dealing with a Warrant in Utah
If a warrant has been issued for your arrest in Utah, you have several options. Not all of them are good.
Ignore the Warrant (BAD IDEA)
Ignoring the warrant is a good way to get arrested, but a bad way of dealing with your legal trouble. Warrants very rarely go away on their own. More often than not, the warrant will remain active or be renewed until you have some kind of encounter with police.
It may be a traffic ticket, or it may be a police officer with a light case load checking local addresses for active warrants. But it is almost sure to be at an inconvenient time and almost sure to end with you being booked in jail.
Turn Yourself In to Jail (not a great idea)
Going to jail is never convenient. So turning yourself in to jail at least gives you some control over the timing. But it also guarantees that you will go to jail — something directly contrary to the goals that most people have.
Court Clerks CANNOT Give Legal Advice
We sometimes hear from people who say that they called the court to see what they should do about an active arrest warrant, and were told by court clerks that they (the clerks) couldn’t do anything about the warrant and that they (the person looking for help) needed to turn themselves in to jail.
Three points to remember if you find yourself wanting to ask a court clerk for legal advice:
- Court clerks are not trained to give legal advice.
- Court clerks are not allowed to give legal advice.
- Court clerks work for the court, not for you. So even if something said by a clerk sounds like legal advice, it may not be anything intended to actually help your situation.
Talk to an Attorney and Be Proactive
Each person is going to have their own set of unique circumstances. But certain general principles apply to most situations. Consulting with an experienced criminal defense attorney is always a good idea.
Waiting for the police to arrest you almost guarantees that you will end up in jail. Turning yourself in to jail allows you to demonstrate to the court that you are not a flight risk, but may result in unnecessary time spent in jail while you wait for the court to schedule a hearing in your case.
The proactive approach of contacting the court allows you to both demonstrate to the court that you are not a flight risk, and also increases your chances of staying out of custody while you wait for your hearing date. By consulting with an experienced criminal defense lawyer immediately, you can begin formulating a strategy designed to give you the best chance of success in your case.
Classification of Warrants – Bondable – Cash-Only
Bench warrants and arrest warrants in Utah are categorized either as “bondable” or as “cash only” warrants. For a cash only warrant, the full bail amount must be posted in cash (credit cards may also be accepted). A bondable warrant is one for which a bail bond company may post a bond on your behalf.
Cash bail can be posted for either a cash only warrant or a bondable warrant. If the defendant appears at all required court hearings, the bail should be exonerated and the money returned to the person who posted the bail. If the defendant fails to appear at any required court hearings, the court may order the full bail amount to be forfeited.
Fees paid to a bail bond company (typically 10% of the cash bail amount plus processing or paperwork fees) is typically non-refundable. An alternative to posting a cash bail or bail bond in Salt Lake County may be available through Salt Lake County Pretrial Services. Supervised release through this county agency can sometimes save a defendant or his family thousands of dollars. The assistance of an experienced criminal lawyer can help improve your chances of release through Pretrial Services.