Do bench warrants ever
expire in Utah?
Arrest warrants can expire in Utah. But depending on the nature of the
charges involved and the age of the warrant, a court may renew and
reissue the warrant. While a
statute
of limitations can prevent the filing of criminal charges
after a certain period of time, Utah law regarding a
statute
of limitations does not prevent the repeated renewal of an
old warrant.
If you believe that a warrant remains outstanding for your
arrest in Utah,
contact
an experienced criminal defense lawyer for
assistance. Utah lawyer Stephen Howard has assisted clients
in clearing old warrants and resolving charges in a variety of cases.
He has a
track record of achieving
real results in both felony and misdemeanor cases.
What will happen if I am arrested on an old warrant?
Regardless of the age of the warrant, a person can be arrested on a
Utah warrant if the warrant remains active. But the ultimate
outcome of the court hearing on the warrant can depend on a number of
factors, including the age of the warrant, the nature of the underlying
criminal charges, the status of the case prior to the issuance of the
warrant, the reason the warrant was issued in the first place,
what kind of activities the person has been engaged in since the
warrant was issued, and more.
If you are arrested on an old
bench warrant in Utah, you can be
booked into jail. In some cases, a judge may issue a "no bail" warrant.
But for most warrants, a bail amount is set. If you can
post
bail (either as a cash bail or through a bond company), you
may be released from jail. But just being released from jail does not
mean that the case is over. If you have bailed out of jail or had a
bond posted, you should contact the court to schedule a date to see the
judge. If you fail to contact the court or fail to appear on the
scheduled court date, a warrant will likely be re-issued at a higher
amount. If you cannot afford to post bail or if the judge has issued a
"no bail" warrant, you will be held in jail until your court date.
What will happen when you see the judge will depend largely on the
status of the case was at the time the warrant was issued. If the
warrant was issued while the original case was still pending (prior to
trial or prior to a conviction by plea agreement), then you still
retain the right to a
trial
and all of the procedural and Constitutional protections that go along
with the presumption of innocense. If
the warrant was issued for a
probation
violation, then you should be entitled to a hearing on the
order to show cause, where you will be provided an opportunity to an
evidentiary hearing where you may contest the allegations that you
violated probation or to present reasons to the court why your original
sentence should not be imposed.
What if the warrant was issued just for failing to pay a fine?
The court's authority under a warrant issued for failing to pay a fine
can depend on whether the warrant was issued during the original
probation period or after probation had expired.
If the warrant was issued during probation, then the court can retain
the jurisdiction and authority to impose the original sentence.
Depending on the nature of the original case, this can include jail
time or prison.
Upon the expiration or termination of the original probation period,
the courts's authority becomes more limited. Under Utah law, Utah
courts still retain jurisdiction over the case to enforce collection of
unpaid fines, restitution, or other accounts receivable. The court can
issue a warrant for your arrest if money is still owing in the case for
fines, restitution, or other court-ordered payments. But the collection
of these moneys is enforced through the court's contempt power. In such
a circumstance, payment of the outstanding obligation will usually
satisfy the remaining obligations to the court.
Finding a Utah Criminal Lawyer

If
you have been arrested on an old warrant, or if you know that you
have an old warrant still outstanding for your arrest, you should
contact an experienced
Utah
criminal defense attorney to discuss your rights and what
options may be available to help you achieve the best possible outcome
for your case.
Based in
Salt
Lake City, criminal defense lawyer Stephen Howard is pleased
to offer legal services to clients throughout Utah. His
track record includes not
guilty verdicts and dismissals on some of the most serious charges on
the books in Utah.
Contact us now to
schedule an initial consultation.
RELATED QUESTIONS:
How can I find out if I have an outstanding arrest warrant in Utah?
Can I refuse if police ask for consent to search my car?
What will happen if I fail to appear at a court date in a Utah criminal case?