When someone is obligated to appear in court, no matter the reason, but they do not, the judge can issue a warrant for their arrest. This is commonly referred to as a failure to appear warrant or FTA bench warrant. Bench warrants are common for people who forget to appear for their court date regarding traffic violation charges.

It is important to take a failure to appear warrant seriously. The penalties for failing to appear can be hefty. A Pennsylvania DUI lawyer with The Law Offices of Steven E. Kellis can assist you with correctly turning yourself in and handling any consequences you may be facing.

What are the consequences of a warrant for failure to appear?

The circumstances and charges can differ significantly, as well as the consequences for failure to appear. The severity of the crime will determine the severity of the charges. Still, a judge can decide to:

Penalize you with jail time
Charge you with a new crime
Increase the terms of your probation
Suspend your driver’s license

If the judge increases your probation, it could be extended for years. A suspension of your driver’s license makes it illegal to operate a motor vehicle until you serve your failure to appear warrant and the court has given a courtesy clearance. These consequences can be severe, so you must handle a failure to appear warrant immediately.

What happens when I turn myself in for a bench warrant for failure to appear?

Many people believe the police will show up at your door to serve you a bench warrant. This rarely happens to most people. It is important to note that the more time passes, the worse the consequences of a bench warrant can get.

You must turn yourself in as quickly as possible. Before doing so, you should retain a knowledgeable and aggressive lawyer. You may need help to reach a qualified attorney after incarceration.

Your attorney can handle many misdemeanor cases without you having to appear in court, though DUI penalties can lead to a need for follow-up court dates. It is also a good idea to arrange a way to post your bail before turning yourself in by making arrangements with a family member or bail bondsman.

How can I get rid of a warrant for failure to appear in court?

You must understand the severity of your charges. You should discuss all possible options with a lawyer before making any decisions. Once a failure to appear warrant is in the system, you can have it removed in the following ways:

Surrender yourself and appear before the judge.
Get stopped by the police, get arrested, and be brought to jail until they bring you before the judge.
Have your lawyer agree to the warrant’s terms (only for misdemeanor cases).

While the decision is in your hands, we suggest you turn yourself in on your terms rather than waiting for an inopportune time to involve the police.

What can I do with a failure to appear bench warrant in PA if I am innocent?

A failure to appear warrant has nothing to do with the details of your pending case. Even when you are found not guilty of your charges and the case gets thrown out legally, you must still appear for all the hearings that concern your case. This can be avoided if you have a lawyer representing you.

Historically, two defenses for a person’s innocence have held up in court.

No notice to appear

The court must provide ample notice that you must appear in court. If the courts didn’t give you proper notice, you may be able to fight the charges for failure to appear. Generally, the courts notify you by postal mail. However, your failure to appear cannot be excused if you did not receive a notice because you forgot to inform the courts of an address change.

Failure to appear was not willful

Suppose you can prove that your failure to appear was unintentional and that you did everything possible to fulfill your obligations. In that case, there is a possibility of having your failure to appear charges dismissed. Any unforeseen circumstances out of your control could suffice for this defense, including natural disasters, serious illness, or injury.

Need help clearing up a Pennsylvania failure to appear warrant?

Having a warrant out for your arrest can be scary and stressful. An experienced DUI lawyer on our team can help you handle your failure to appear warrant and any pending charges you are facing. We offer free case consultations to our clients to discuss the details of your warrant. Call The Law Offices of Steven E. Kellis at (215) 977-4183 or use our online contact form to reach one of our DUI attorneys.