Tips to Get a Bench Warrant Cleared in Kansas City

Bench warrants are issued “from the bench” by a judge. They notify you that you did not obey a given court order and, sometimes, provide law enforcement the ability to arrest you. However, this does not mean a bench warrant is the same thing as an arrest warrant₁.

One of the most significant differences between a bench warrant and an arrest warrant is that the police are not actively looking for you. Instead, your name is put into a statewide database. If you are pulled over or interact with law enforcement for any reason, you can (and likely will) be taken into custody.

Reasons a Bench Warrant is Issued

The top reasons for and potential consequences of bench warrants in Kansas include:

Failure to Appear (FTA)

Failure to appear, when connected to a misdemeanor offense, is considered a class B nonperson misdemeanor. With this charge, you can face a jail sentence of six months and a fine that does not exceed $1,000. If the FTA is related to a felony offense, then it is considered a level 10 nonperson felony. This results in a jail sentence of up to seven months and a fine of $100K.

Failure to Pay a Fine

If you do not pay an ordered fine or if you still owe bail, a judge may ask you what you can afford. The court does not have the authority to punish you for not paying restitution if you do not have the financial resources to do so. Based on your income, the date to pay and the monthly amount may be set.

Disobeying a Court Order

If you do not complete your ordered probation term, you will receive a bench warrant to appear in court to face probation violation charges.

How to Handle a Bench Warrant

If you want to avoid being arrested by law enforcement, you should appear in court to try to clear the bench warrant. You can appear in court alone or with an attorney. Sometimes, especially when it comes to misdemeanors, you can have an attorney show up for you.

With the help of an attorney, you can present arguments to excuse the nonappearance or your failure to comply with a given court order. The attorney can also request that you are released on your own recognizance by making a promise that you will attend all court hearings scheduled in the future. Also, your lawyer will be able to help ensure your bail is set at a low amount by showing that you are not a flight risk.

Some of the top arguments that may be used when trying to have your bench warrant cleared include:

• You were mistaken as another person
• You did not receive the FTA notice
• You did not know about the case
• You did not provide proof that you completed all requirements of probation

If you find yourself in this situation, the best thing you can do is hire an attorney. They will help you with the situation.

Sources:

1. https://www.nolo.com/legal-encyclopedia/question-whats-bench-warrant-28274.html