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Some people who have been arrested in Texas for a crime may have the option to stay out of jail based on bail, bond, or personal recognizance until the resolution of their criminal case. However, there are certain requirements that the defendant must fulfill, and these include attending all court appearances.
Failure to do so is a violation of the court order, leading to serious consequences ranging from jail time to fines.
Fortunately, Sparks Law Firm is here to help. Our proactive legal team consists of former prosecutors with over 100 years of combined experience protecting the rights of defendants. We understand the impact bench warrants may have on your criminal record and are ready to fight the charges.
Those facing a court order violation in Fort Worth, Texas, should reach out to us for a free case evaluation. We won't stop at anything to get you the justice you deserve. We are also here to assist with other questions like what is a bench warrant in Texas?
How Long Do You Stay in Jail for a Bench Warrant in Texas?
Failure to appear for a court appearance while on bail, bond, or personal recognizance can lead to a revocation of the defendant's rights. Anyone waiting for trial may have to spend the remaining time in jail until the resolution of their case, which could take a couple of months.
Another thing to note is that the accused may face additional charges for failure to appear at a court date. This varies from one case to another, depending on the severity of the underlying offense.
How Much Jail Time Does a Bench Warrant Carry in Texas?
While failure to appear for a court appearance may lead to additional charges, bench warrants themselves do not result in extra jail time. It's an order or a "writ of attachment" that the presiding judge issues, requiring law enforcement officers to make an arrest. The same is the case for an arrest warrant.
In most situations, a judge may issue a bench warrant if the defendant commits contempt of court or fails to appear on the required court date. Once they pass the order, the relevant law enforcement agency will have to detain the accused and hold them in custody until the trial ends.
Those who are not sure about their rights should reach out to an experienced criminal defense attorney. They can assess their case and guide them on their legal options. They can also explain how to check if you have a warrant in Texas.
What Are the Consequences of Failure to Appear on Court Dates?
There are several consequences of failure to appear for a court date, and these include the following:
Revocation of Bail
When a judge issues a bench warrant, they may decide to revoke the defendant's bail. However, in some cases, they may modify the conditions imposed prior to the accused's pre-trial release. These may include the following:
Setting a bail if it's not already imposed
Requiring collateral (may include property and other assets besides cash)
Increasing the bail amount
Imposing stricter conditions
Financial Loses
If the judge decides to revoke the defendant's bail, it could lead to substantial financial losses. The accused may lose their bail money and any collateral they may have agreed to prior to their pre-trial release.
In such situations, the judge may initiate forfeiture proceedings, resulting in additional costs.
Criminal Penalties
Also referred to as "bail jumping," failure to appear for court dates is a crime under the Texas Penal Code. For a conviction, the burden of proof lies with the prosecutor, who must prove that the defendant didn't show up for their court appearance intentionally.
If they are successful in making the right legal arguments, the accused may face penalties in addition to the charges they're already facing due to their underlying offense.
The consequences for failure to appear in court for the defendant depend on the severity of the crime that required their appearance in the first place. These include the following:
Fines only: In case the defendant faces a fine for their previous offense prior to their bench warrant arrest, the judge may charge their failure to appear in court as a Class C misdemeanor. While there is no jail time, such situations are punishable by a maximum fine of $500.
Misdemeanor charges: If the defendant is already accused of a misdemeanor, the judge may charge their failure to appear as a Class A misdemeanor. Penalties may range from a one-year jail sentence to a maximum fine of $4,000 or a combination of both.
Felony charges: When a defendant is facing a trial for a felony offense, their failure to appear in court can lead to a third-degree felony, which is punishable by jail time (two to 10 years) and a maximum fine of $10,000.
How Long Do Bench Warrants Last in Texas?
Bench warrants in Texas remain active until the resolution of the case or the death of the defendant, whichever comes first.
However, the best criminal lawyer in Fort Worth can explain to the judge why the accused failed to follow the conditions set for pre-trial release and even assist in setting a new court date or bond.
Can Non-defendants Face Bench Warrants in Texas?
A bench warrant is not just for defendants who are facing criminal charges. Judges may also issue these in case of:
A probation violation
Failure to follow a court order
Failure to testify under a subpoena
Any non-defendant arrested under a bench warrant may face time in a county jail until the arresting law enforcement agency produces them in front of a judge.
Is a Bench Warrant the Same as an Arrest Warrant?
While both of them sound the same, they're quite different. A peace officer or law enforcement agency may seek an active arrest warrant if they believe that a person has committed a crime. There must be probable cause before a judge can issue an order.
On the other hand, a bench warrant is more subtle. It's often issued by a judge when a person fails to follow court orders or pay fines (administrative violations).
Can Defendants Have Their Active Warrants Removed in Texas?
If the failure to appear in court (mandatory requirement) results in a bench warrant, it may lead to penalties and additional criminal charges. It's important for the defendants to work with an experienced defense attorney, as they may be able to prove that the accused's actions were not intentional or that they had a reasonable excuse for not showing up.
Sparks Law Firm Can Protect You from an Active Arrest Warrant!
Prevent further damage to your record by working with Sparks Law Firm. If you're facing a bench warrant in Fort Worth, Texas, call us to schedule a free consultation with our proactive, experienced criminal defense attorneys. We understand what you're going through and won't leave you in the dark like many others!
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