If you get arrested, you will have to go to court. Even if you intend to plead guilty or settle the case with the prosecutor, you will still have to show up in person to speak with a judge, and you can expect consequences if you fail to.
If you do not appear in court for any reason, the judge has the option to issue a bench warrant for your arrest. A bench warrant gives the police the authority to arrest you during what would otherwise be a routine interaction. It is a good idea to turn yourself in if you have a bench warrant in Utah. Doing so will help to mitigate the more serious consequences of not appearing in court. A criminal defense lawyer can help you plan and prepare for dealing with a bench warrant.
Contact our Salt Lake City criminal defense lawyers at Overson & Bugden, at (801) 758-2287 today to talk about your case.
What Can Happen if You Fail to Appear in Criminal Court?
Utah Code § 77-7-19 requires that you be sent a citation telling you that you must appear in court on or before a certain date. Sometimes, the citation will have a date already picked out. Other times, the citation will simply state that the court will notify you of when you should appear. A citation for a low-level issue might ask that you pay a fine instead of asking that you appear in court.
Bench Warrant
In Utah, if you fail to appear in court on your assigned date, a likely consequence is that a bench warrant will be issued for your arrest. A judge issues a bench warrant after someone fails to appear in court on a date they are required to. The bench warrant gives police officers the authority to arrest the person named in the warrant whenever they come into contact with them, barring certain exceptions.
Criminal Charges
Intentionally failing to appear in criminal court when required is a class B misdemeanor in Utah, no matter what the original charge was that required your presence in court in the first place. A class B misdemeanor carries up to six months in county jail and fines of up to $1,000, with a potential 90% surcharge.
Loss of Bail
If you fail to appear in court while out on bail in Utah, the judge may revoke your bail. If your bail is revoked, you must wait out the rest of your case in jail, not from the comfort of your own home.
Will You Be Arrested if You Fail to Appear in Criminal Court in Utah?
When a judge issues a bench warrant, they give law enforcement the authority to arrest you for failing to comply with a court order, such as being present at a mandatory appearance. Law enforcement may seek you out to arrest you, or arrest you during a routine traffic stop or other chance encounter with police who learn there a judge has issued a bench warrant.
If there is a bench warrant for your arrest, the police will not usually break down the door to your house to arrest you. Instead, they will arrest you the next time you get pulled over or have another encounter with the police.
Don’t turn yourself in on a bench warrant without consulting our lawyers, as we may arrange an appearance before the judge so you can avoid an additional arrest.
Why Else Do Judges Issue Bench Warrants in Utah?
Bench warrants are primarily issued when someone doesn’t appear in court. However, there are other reasons a judge might issue a bench warrant. For example, if someone is not complying with a court order, such as a restraining order, the judge could issue a bench warrant.
Bench warrants are not issued for every person who does not appear in court. A bench warrant first requires that the prosecution have probable cause that you committed a crime. Second, the judge determines whether you are likely to show up on your own or are a threat to the public. If the judge determines either of those things to be true, they will likely issue a bench warrant for your arrest.
Consequences of Bench Warrants for Failure to Appear in Utah
Negative consequences are attached to a bench warrant being issued in your name.
Arrest
First, the police can arrest you during any ordinary interaction. For example, if you get pulled over for speeding, instead of driving away with a ticket, you’ll be arrested and leave the scene in the back of a police car.
Bail Increase
Second, your bail will likely be increased. In cases where you have missed multiple court dates, the court might deny bail entirely, and, upon arrest, you will have to stay in jail until your day in court.
Reputational Consequences
Finally, failure to appear in court makes you look irresponsible and unrepentant in the eyes of the law. Prosecutors are less likely to offer a plea deal or compromise when you show up arrested by a police officer. It will appear as if you are not taking the criminal charges against you seriously to both the prosecutor and the judge. If you show up on your own, it suggests that you are taking responsibility for your actions, and the court might be more willing to cooperate.
What Should You Do After Failing to Appear in Criminal Court?
Acting rashly upon learning a judge has issued a bench warrant after your failure to appear in court can also have negative consequences, so do not panic or turn yourself in until getting a lawyer.
Speak to a Lawyer Before Turning Yourself In
Once you find out you have a bench warrant, you should speak to a lawyer before taking any other action or turning yourself in. A Draper, UT criminal defense lawyer can help you navigate the process and make sure you don’t make any accidental mistakes that could harm your case. An attorney can also inform you of potential consequences for turning yourself in so you can make an informed decision.
Call the Court Clerk
It could also be a good idea to call a court clerk and tell them you have a bench warrant and intend to appear in court. They can help you through the process.
If you missed a recent court date, our lawyers can proactively contact the court to inform it of the mistake and to potentially get the warrant withdrawn.
Prepare Reason for Absence
In preparation for your next court appearance, our lawyers will explain the reason for your recent absence. A medical emergency, family crisis, accident, or other legitimate reason may excuse your absence, and we can show the judge documents that corroborate our explanation.
Appear in Court
Making yourself available to the court and even turning yourself in with our attorneys’ assistance often comes next. When appearing in front of the judge, we can explain why you were absent previously, potentially stopping the judge from increasing or revoking your bail.
FAQs About Failing to Appear in Criminal Court and Bench Warrants
How Will You Know About Mandatory Court Appearances?
Our lawyers can keep track of the schedule of your criminal case and trial in Utah and make sure you are present at all mandatory appearances.
How Can You Find Out if You Have a Bench Warrant in Utah?
There are several ways to find out whether you have a bench warrant in Utah. First, the Utah Department of Public Safety has a search engine on its website that lets you check whether you have a bench warrant.
Second, you can call the Utah Bureau of Criminal Identification to see if you have a bench warrant. Alternatively, you can call the court clerk for your county to see if there is a bench warrant for you.
What Should You Do if You Have a Bench Warrant?
If you find out you have a bench warrant, there are steps you can take to try and mitigate the severity of the warrant. Once you find out there is a bench warrant for your arrest, you should speak to an attorney immediately before taking any other action.
Do Bench Warrants Expire in Utah?
Bench warrants do not have a time limit; they last until you either turn yourself in or are arrested by the police.
Can a Bench Warrant Be Canceled?
We may file a motion to cancel the bench warrant and arrange for you to appear in court before the judge to explain why you were not present at a previous court date.
What Are Valid Reasons for Failing to Appear in Criminal Court?
While simply forgetting is not an excuse, experiencing a medical or family emergency or unavoidable transportation issues may be valid reasons for failing to appear in criminal court, convincing the judge to cancel a bench warrant.
Can Having a Lawyer Minimize Criminal Penalties from a Bench Warrant?
After you have discussed your options with a criminal defense lawyer, you can choose what you want to do next. While you are likely to be arrested if you turn yourself in without a lawyer, if you have legal counsel, the court is significantly more likely to work with you and schedule a hearing date to handle your case. Judges are very busy, so you may be asked to come to court on a different day.
Call Our Criminal Defense Lawyers for a Free Case Review
Call our Ogden criminal defense lawyers at Overson & Bugden, at (801) 758-2287 today for a free review of your case.
