A bench warrant in Milwaukee is a serious legal matter that demands your legal attention. While a bench warrant is not necessarily as severe as an arrest warrant, ignoring one could end up sending you to jail. Don’t put your freedom at risk unnecessarily – get help from a capable attorney today.
The Milwaukee criminal defense lawyers at Hart Powell, S.C. understand what you’re facing right now and want to help. While difficult, it’s possible in some cases to clear a bench warrant without going to jail. Here’s how.
Different Types of Warrants in Wisconsin
Let’s start with the basics. A warrant is a legal document authorizing a law enforcement agency to take a specific legal action related to a criminal case. There are three primary types of warrants you could face in Wisconsin.
Search Warrants
Search warrants give police the authority to search a specific location for evidence. To get one, a police officer must convince a judge that there is probable cause to believe a crime has occurred and that they will likely find evidence linked to the crime at the location specified in the warrant. This requires presenting facts and evidence under oath to a judge. Search warrants are critical when law enforcement needs to enter private properties such as homes, offices, or locked vehicles. The rules for search warrants help protect people’s privacy rights while allowing police to gather necessary evidence.
Arrest Warrants
An arrest warrant is a judge’s order to law enforcement officers to arrest and bring a person to court. Judges issue these warrants based on evidence presented by police that shows the suspect likely committed a crime. Unlike search warrants, arrest warrants are used to take suspects into custody rather than search their property. Police often use arrest warrants when a suspect is not immediately available for arrest at the time the evidence is gathered.
Bench Warrants
Judges issue bench warrants directly during court sessions. The most common reason for a bench warrant is a person’s failure to appear in court as required. Alternatively, judges sometimes issue bench warrants when someone fails to comply with a court order. Unlike arrest or search warrants, bench warrants do not depend on new evidence of a crime. The goal is to compel the subject of the warrant to comply with court rules and ensure the legal process proceeds smoothly.
Summons vs. Bench Warrants: What’s the Difference?
Both court summonses and bench warrants are both used to compel cooperation with court procedure, but in different ways. A summons is a document that informs a person they must appear in court on a specific date. It and does not involve an arrest. For instance, you may receive a summons when you need to answer a complaint or must give testimony as a witness.
On the other hand, a bench warrant is issued by a judge, usually because someone failed to appear in court as ordered or did not comply with court rules. A bench warrant gives the police the authority to arrest the person named in the warrant and bring them to court. Unlike a summons, a bench warrant can lead to an individual being taken into custody.
Consequences of Bench Warrants
When a judge issues a bench warrant in your name, the police can arrest you on sight. Ignoring a bench warrant will only add to your trouble. These warrants don’t expire, and they will stay active until you address the court issue that caused it. Additionally, having an active warrant can complicate routine background checks, affecting potential job opportunities, loan applications, and more.
Finally, bench warrants might also result in added fines or stricter court conditions. To avoid these issues, it’s crucial to take immediate steps to resolve a bench warrant. This proactive approach shows responsibility and can help in dealing with the underlying legal issues more favorably.
Can You Clear a Bench Warrant Without Going to Jail?
It’s possible to clear a bench warrant without going to jail, but it’s not easy. The key is to act quickly and responsibly by contacting the court as soon as you realize there is a warrant out for your name. It may be possible to schedule a new court date to address the issue that led to the warrant.
During this process, having a lawyer can be incredibly helpful. Your lawyer can communicate with the court on your behalf, explain the reasons for your absence or non-compliance, and negotiate to resolve the warrant without the need for arrest. In many cases, simply showing that you are willing to cooperate and address the court’s concerns can prevent jail time and help you resolve the situation in a more favorable manner. Remember, the sooner you deal with a bench warrant, the better your chances of minimizing its impact on your life.
How an Attorney Can Help You Clear a Bench Warrant and Avoid Jail Time
Working with a lawyer is crucial if you want to clear a bench warrant while avoiding jail time. A lawyer knows how the legal system works and can act swiftly to address the warrant on your behalf. They can contact the court to arrange a new hearing date and appear there with you, offering support and guidance as you interact with the court. During the appearance, your lawyer can present reasons for your previous absence or non-compliance and work toward a resolution that might include retracting the warrant without jail time. Furthermore, a lawyer can negotiate terms that are more favorable to you, helping to minimize potential fines or other penalties.
Contact Our Milwaukee Criminal Defense Attorneys Now for Help
The team at Hart Powell, S.C. has extensive experience helping our clients resolve bench warrants and is ready to help with your situation. While we can’t guarantee that you’ll avoid jail time, we are prepared to do everything we can to seek the best outcome given the circumstances. Call us today or complete our contact form for a confidential consultation with a Milwaukee criminal defense lawyer.