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How Long Do You Go to Jail for a Bench Warrant?

If you are wondering how long you can go to jail for a bench warrant, there are answers. If there is zero attempts to appear within two weeks of your court appearance date, then there is a penalty. The maximum penalty can be a $1,000 fine and six months in the county jail. 

What Does it Mean if You Have a Bench Warrant?

If you have found yourself facing a bench warrant, it means that law enforcement has been directed to take you into custody for failing to appear in court.

What is the Difference Between a Bench Warrant and a Warrant?

Would you like to discover the difference between a bench warrant and a warrant? Please review the following bullet points to learn more.

• Arrest warrants order for someone to be put into detention based upon suspicions of criminal activity.
• Bench warrants are issued by a judge when a defendant is found to have not shown up for their day in court.

Will Cops Come to Your House for a Bench Warrant?

It is very unlikely that a cop or policeman will show up to your home for a bench warrant. However, it remains critically important for defendants to address their bench warrants as soon as possible. Once the judge sees evidence of good behavior, it is a step in the right direction.

Will Bench Warrant Expire

Bench warrants do not expire. Bench warrants are not deleted after any amount of time, nor are they forgotten by the justice system. Unless the judge dismisses the bench warrant, the bench warrant will continue to be a part of a defendant’s life. Once the defendant shows up to court, there can be a resolution for the bench warrant. 

Can a Bench Warrant Be Expired

A bench warrant will remain outstanding until some serious actions take place. One of these occasions is based upon the death of the defendant. If the defendant dies, of course, they will not be able to come to court. The only other circumstances that merit a bench warrant being dismissed is if the judge quashes it themselves.

What Are Court Bench Warrant

If an individual is found to be in contempt of court, a bench warrant can be issued. Bench warrants are issued by a judge who has found an appellant to have violated court rules. Usually, bench warrants are issued for appellants who have not shown up to court for their court appearance. If an individual makes an attempt to come to court and resolve the case within fourteen days, the judge could go easier on them. Conversely, if an individual does not make any attempts to resolve their case, the judge will issue more severe punishments.

Would you like help with a bench warrant in Avon and Indianapolis, IN, please give our team a call at 317-423-9300.

What is a federal bail bond

Bail bonds for federal cases like bank robbery are decided by a federal magistrate judge. Federal bail bonds are extremely hard to obtain because these cases aren’t treated like state or local offenses. To obtain bail on a federal case, you have no choice but to face the federal judge in a hearing. That judge is the sole decision-maker when it comes to determining bail and conditions for bail. In federal cases, there are no set bail schedules as there may be in a state case.

How does a federal bail bond work?

While federal bail bonds are different from state bail bonds, once bail is granted, the bond process is in some aspects similar. 

• A federal magistrate hears your case.
• The federal judge determines if bail is warranted based on the severity of the crime, your background, and your reputation in the community.
• The judge sets a bail amount based on this information and all conditions of release.
• If you are unable to pay the amount you must have someone act as a co-signer to get you released.
• The co-signer contacts a bail bonds agent like Indiana Bail Bonds experienced with federal bail bonds to arrange to pay the bail.
• Once bail is paid, you are released.

Federal immigration bonds

Technically, although local or state law enforcement may pick someone up on illegal immigration charges, immigration is handled at the federal level through U.S. Immigration and Customs Enforcement or ICE. Federal bail bonds for immigration cases are much different than other bail bonds. Unless the judge releases you on your own recognizance, illegal immigrants have two bail bond choices, either a delivery bond or a voluntary departure bond.

A delivery bond is similar to a standard surety bond that must be paid for the detainee’s release. The detainee must receive an arrest warrant and notice of the conditions of custody from ICE to receive a delivery bond. As a condition of the delivery bond, the detainee must appear at all immigration hearings. Voluntary departure bonds are promises by the detainee to voluntarily leave the country by a set date. The departure is made at the immigrant’s expense. The bond amount is returned in full once the immigrant has left the country.

How long do the feds have to pick up a case?

Most federal crimes have a statute of limitations set at five years from the time the crime was committed. Some crimes like arson or defrauding a bank the statute of limitations is 10 years, while art theft is 20 years. Kidnapping or sexual abuse of a child can be the lifetime of the child or 10 years, whichever is longer. Capital offenses or terrorism have no statutes of limitation set.

What are bail bonds used for?

In general, bail bonds allow you to get out of jail after you have been arrested and jailed. A judge sets a bail amount or follows a set bail schedule. To get released, you must pay the bail. Posting bail is a promise to the court that you will return to court at your appointed time. Bond is a portion of the bail paid as a fee to a bail bonds agent to post bail. Federal bail bonds are similar but a bond in federal cases often needs a co-signer. 

What are the conditions of being out on bond?

Along with posting bail, you often must fill certain conditions established by the judge for your release. Conditions often include staying in the state in which you were arrested, getting or keeping a job, getting tested for alcohol or drugs, refraining from contacting anyone involved in criminal activity, and reporting to a pre-trial agent to ensure you are meeting these conditions. You must follow all these requirements or risk being jailed until you are tried. Federal bail bonds conditions are often much more restrictive.

You can Rely on us

As time goes on, cash bonds have proven to be an ineffective way to support each of our clients individually and the justice system as a whole. Furthermore, cash bail bonds are slowly being phased out nationally to better help all Americans have an equal footing when recovering from unfortunate circumstances. 

In Avon and Indianapolis, IN, Indiana Bail Bonds still provides all of our bail services. We understand that if you find yourself needing bail, the situation can be unbearably intimidating, but we have your back if the time ever comes. Our team is always committed to each service, being professional and entirely patient. 

Even with something like an arrest warrant, we can help. Our experienced professionals can walk you through the process of what you need to do and how to do it so that you can come out of such a situation without further strain to you and your image. We understand you may want to act on instinct, but trust us when we say that the best time to stay calm and accept the word of experts is on such an occasion.

Is a bail bond a surety bond?

A  bail bond technically is a type of surety bond yet there are key differences. A surety bail bond will have to additionally connect to a surety bond company through a bail agent or bail bondsman to secure the release of a defendant from jail.

What is the difference between a bond and a surety?

The difference between a cash bond and surety bail bond is that a surety bond will involve three parties whilst a cash bond will only involve two. The defendant will use a surety company to pay the bail money for a surety bail bond.

How do surety bonds work?

A surety bail bond works as a three-party agreement that binds together the principal who needs the bond, the obligee that requires the bond and the surety company which sells the bond. This type of bond will require that the principal will act in accordance with certain laws relevant to the case or bond.

What’s the purpose of a surety bond?

A surety bond will basically be a financial agreement between three parties where the principal (person with bond) will be financially guaranteed to the obligee (government) that their obligations will be fulfilled. Technically, a surety bond is a risk transfer mechanism.

Why would I need a surety bond?

A surety bond will make sure to the obligee that the principal will perform a contractual obligation. In the case of a surety bail bond, this will mean the principal will follow through will all legal obligations of their case in a timely manner.

How long are surety bonds good for?

Most surety bonds will have an expiration date, however, since surety bonds themselves can vary greatly the duration of the bond will range. Such ranges of expiration dates could be a payment bond that lasts two years or a performance bond that lasts a year.

Are surety bonds refundable?

A refund with a surety bail bond doesn’t usually occur and is also not required by the surety. Yet if you are looking to get a refund on a surety bond it’s best to contact the surety company that issued it to you. 

Does a Surety Bond affect your credit?

Your ability to purchase a bail bond as well as the rate of a surety bail bond will be affected by your credit score. As far as payments, usually with surety bonds, there is a one-time payment yet you will need to pay, say, $100 per month to keep it active.

Contact a Qualified Professional For Assitance

If you’re in jail and require the help of getting out with a surety bail bond, enlist in your local surety bail bond services. It’s important that all requirements are followed in order to not risk losing your bail bond and adding more charges and fines. Get in touch with your legal representative, bail bondsman, and surety bond company for any additional information or questions. Make sure to get familiar with any details and specifics to prevent any problems further along the road. When you find yourself in a sticky situation, a surety bail bond may be the solution for you. Seek the legal help that you need for a smoother process with your case. 

If you need help with a surety bail bond in Avon and Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds! 

Larceny or Theft

Larceny is simple theft and is the act of unlawfully taking the property of another person. or using property that belongs to another person. In most jurisdictions, there are different types of theft charges that range from as small as shoplifting to something bigger like grand theft. 

Normally, the basic elements are the same, but there is a slight variation. For instance, if the theft occurred in a retail store like shoplifting and the theft charges by amount valued of the stolen item(s), like petty or grand theft, and the type of property, like grand theft auto.  The punishment possibilities depend on the theft charges filed. Common sentences that can be handed down are a fine, jail time, probation, and or a combination of these. 

Identity Theft

Identity theft is the act of using the name, bank account, or credit card, and other personal identification of another person without their permission.  This type of theft can damage the person whose identity was stolen, affecting their credit history and credit score, their financial resources, and more. Identity theft is a federal crime, and, sometimes, the theft charges are punishable by a long jail sentence and it forfeits any property gained by using the stolen identity and money forfeited. 

Robbery

Robbery is the act of using intimidation, threats, or violence to get the property of another person. A robbery with and an added element such as violence, like armed robbery. These types of theft charges are subject to a penalty that is heavier than regular larceny because of that added element. 

Fraud

The act of deceiving another person to relinquish their property willingly with false pretenses presented to them is a fraud. The difference between fraud and robbery is that there is no violence. The accused simply walks away with another person’s property. However, there are varieties of fraud centered on the deception involved. One example would be if the accused takes the property of another person they were entrusted for safe-keeping or other purposes. 

Embezzlement is a fraud that involves fake currency, check, or some other negotiable instrument. Counterfeiting, misleading income information to the government are also forms of fraud and could be upgraded to tax fraud or tax evasion. These types of fraud charges are why they are often concerned to be a “white collar” crime. There are no acts of violence and are usually a form of business dealings.

Because theft charges that are determined to be fraud can have results with large amounts of money and property stolen and can have a lifelong effect on the victim, the sentences vary. The accused may be required to pay a fine, placed on probation, or sentenced to federal prison.

Is Theft civil or criminal?

When a person executes or attempts to execute a theft, it can be both civil and criminal. For example, if you steal from a retail establishment, that is breaking the law and is a criminal act.  The establishment that you stole from, however, can also pursue the civil action for damages. The criminal charge is how punishment is determined and civil action’s purpose is to encourage the accused to forgo any future thievery.  A civil action is a separate filing from criminal action. If the victim has the theft charges dropped, they could still follow the civil charges.

What type of Offence is theft?

In the state of Indiana, the following are classified as theft:

• Misdemeanor Theft or Petty Theft
• Felony Theft or Grand Theft
• Shoplifting
• Conversion
• Embezzlement
• Auto Theft and Receiving Auto Parts

Can you be charged with theft without evidence?

If the prosecution cannot prove or support with evidence of the theft charges, the judge and/or jury can determine beyond a reasonable doubt that the theft happened, the theft charges are dropped and the case has ruled an acquittal.

Can a Probation Violation Be Dismissed?

If the probation violation is deemed insignificant enough to be a willful and substantial violation, there is a chance that your lawyer can get it dismissed. It is the duty of your lawyer to argue on your behalf and present your side of the case. If the judge determines that the probation violation was meaningful, then the violation will not be dismissed.

What Happens at a Probation Violation Hearing?

Probation violation bail is a serious topic. After all, defendants do not want to return to jail and there can be serious consequences. Please browse through the following items on the agenda for a probation violation hearing. To begin with, the judge must determine whether or not the probation violation was serious enough to merit punishment. This involves a two-step process:

1. The judge must consider if there is a cause to revoke the probation. If the judge finds that there is enough evidence to support a probation violation, the judge may issue an arrest warrant. 
2. If a probation violation has been confirmed, a formal probation revocation hearing is in order. Due process needs to be considered. The judge has the jurisdiction to reinstate probation on new conditions. Or the judge can remand the probationer to the county jail for a misdemeanor case. The judge can also sentence the defendant to additional time.

What are Two Types of Probation Violations?

Two types of probation violations include informal probation and supervised probation. Informal probation is also known as court probation or unsupervised probation. This kind of probation is typically issued for low-risk offenders. The second type is supervised probation. This type of probation is also known as formal probation. For supervised probation, there are stricter requirements, including mandatory counseling appointments, random drug or alcohol checks, and restitution payments to victims of the defendant’s crimes. If you require a felony charges bonds, it’s important for you to seek out a bail bond authority that will work with you to provide resolution. 

Do You Go Straight to Jail if You Violate Probation?

If you have been convicted of a crime and have been placed on probation, you, like many others, have found probation to be difficult, you may violate the terms. If you have been convicted of a crime and violated the terms of your probation, you will have a trial. During the trial, the state prosecutor will file a motion to revoke the probation and distinguish the alleged violations for the judge. The prosecutor will ask the judge to put the defendant in jail. The defendant’s lawyer will make a case for the defendant. After the judge deliberates over the issue, and if no violation has occurred, the defendant will remain on probation. If a violation has occurred, the judge will decide if they go to jail. During this process, the defendant will receive due process, and will not be immediately put in jail.

Are Traffic Tickets a Probation Violation?

In truth, it depends. If a traffic citation violates the terms of probation or parole, it may be considered a probation violation. Most probation and parole orders prohibit violating any law, including traffic laws. However, police do not usually report a basic traffic citation to the probation officer unless the infraction is particularly severe.

Probation Violation No Bond

Probation violation cases are a serious matter that can severely impact your lifestyle. Failure to check-in with your probation officer, and not following through with the conditions of your probation can easily land you back in court. Whether or not a judge will set a bond for a probation violation greatly depends on the severity of the original crime, the length of the probation, the type of probation, and whether or not you have a criminal record. If all of these factors skew heavily in a negative direction, a judge could deny a bond or set one so high that the defendant cannot possibly afford it.

What Does Felony Probation Violation Mean

A felony is an offense that brings with it a potential term of incarceration in excess of a year. Felonies are serious crimes that impact your freedom, rights, and privileges. It is important to know that felony probation is a contract between the probationer and the court. A substantial violation or repeated violation could definitively result in very sincere consequences. When a defendant violates their probation in a substantial way, they can be charged with a felony probation violation.

Your bail bonds should be handled with experience and precision. Our staff at Indiana Bail Bonds are ready to assist. Please call us at 317-423-9300. Discover more about how we can help you with your probation violation in Avon and Indianapolis, IN!

A DUI is a crime and rarely does a DUI without arrest not occur. If you are convicted of a DUI, you will be sentenced in some fashion. The punishment for this varies from state to state and obtaining a DUI attorney when faced with this charge is always recommended, especially if the charge is booked as a felony.

It is common within the punishment for the offender to participate in a DUI prevention plan that may include taking a driving course, attending a seminar if the DUI with an accident was involved, and in extreme cases where a death was involved as the result of DUI/DWI, speaking at a seminar.

There are some terms used within a DUI/DWI charge that anyone arrested with either one should become familiar with.

• DUI Checkpoint
• Implied Consent
• BAC – Blood Alcohol Concentration
• IDD – (Ignition Interlock Device)

An attorney experienced in DUI/DWI cases will seek for the charge to be reduced, or even dismissed, regardless of the BAC, even if there was an implied consent involved. If they are not able to do either, they will negotiate on behalf of their client for a lesser sentence and enrollment into a treatment program and participation with a DUI prevention plan.

Which is worse DUI or DWI?

It can depend on what state you’re pulled over for suspension of either DUI or DWI. Some states consider these as separate charges with ta DWI being the more serious charge. The point where a DWI is a legitimate offense is determined by the BAC (blood alcohol concentration) with each state having its own level set in place. If the BAC is under that specific level, the lesser charge of a DUI is issued.

What happens if you get DUI?

While driving while intoxicated with alcohol or drugs isn’t smart, when you go back and think about this situation, a DUI isn’t the worst thing could have happened. Apparently you were driving erratically enough a police officer saw the need to stop you before you caused an accident, or worse, a death, or you wouldn’t be in this position. It is the hope of all involved with what you’re about to endure, that you have learned enough not to repeat this mistake. The purpose of any DUI prevention plan presentations and programs is hit the consciousness of those that may be prone to drink and drive, such as school children.

 Here is what you can expect to happen when you have been stopped for suspicion of DUI/DWI:

• You will be required to take a breathalyzer test or a sobriety test
• You will receive a citation that will have a court date stated
• You will be handcuffed and escorted to the police station
• You will have your mugshot taken and you will be fingerprinted

At this point, depending on state law, you will be released under your own recognizance or bail will be required for you to be released. In either situation, you will be required to sign a promise to appear before the court on the appointed date and not engage in any illegal activity. In some cases, you may be left to “sleep it off” before being released.

Can a DUI be dismissed?

In every state, there must be probable cause proved by the officer for stopping you, detaining you, or arresting you for a DUI/DWI. A DUI prevention plan will often show films of a patrol office following a suspected drunk driver and making that determination if conducting a traffic stop is warranted.

During the appointed court date, if the defendant’s attorney can show that there wasn’t a probable cause, the judge has the authority to dismiss the case. Some instances that the defendant’s attorney may use to have the case dismissed are:  

1. Lack of Probable Cause
2. No Evidence Who Was Driving
3. Vehicle Was Not Moving
4. Lack of Evidence Defendant Was Under the Influence While Driving 
5. Blood Test Results Did Not Indicate Impairment
6. Blood Test Was Improperly Administered
7. Consent Was Not Given for Blood Draw
8. Warrant Not Presented for Blood Draw
9. Defendant Did Not Know Any Drug Was In Their System

What is the punishment for a first time DUI?

In most states, the first DUI charge is a misdemeanor offense. The punishment will vary from state to state, where any of the following could be implemented:

• Payment of a fine
• Required community service 
• Driver’s license suspended
• Probation
• Required attendance or participation in a DUI prevention plan

There are other factors considered that determine which of these are implanted by the judge and can be only one of them, a combination of any, or all of them. The level of what the defendant was charged with can result in an enhanced sentence and a severe penalty, such as jail time.

Some factors that can make the severity of the punishment harsher would be an open container inside the vehicle, a child was in the vehicle or previous conviction. These are factors that can take the case from a misdemeanor and a fine to mandatory jail time or license suspended or even revoked.

Some examples of what a person convicted of a DUI/DWI may face are:

1. A permanent criminal record that includes mug shot and fingerprints
2. Driver’s license suspended for a period
3. Fines in various amounts
4. Require IID installed for a period
5. Required to take a DUI/DWI class, undergo counseling, participation in a DUI prevention plan
6. Higher insurance rates, possible loss of insurance, specialized insurance
7. Denial of out-of-state and/or international travel

Nobody sets out with the intention of being charged with a DUI or DWI, but surprisingly, it happens every day to people that never thought they would never happen to them. The best advice anyone can receive is don’t drink and drive or take drugs and drive. That is the safest way to live life today, but if you do find yourself, or someone you know, in this position, we hope that this article provided you helpful information. Need bail for your DUI? Call Indiana Bail Bonds in Avon and Indianapolis, IN at 317-423-9300!

So now that you know what you can get an arrest warrant for, you are probably wondering how a warrant works and what happens when one is issued. Before arrest warrants can be issued, the police officer who goes to the judge has to have probable cause and evidence that a crime has been committed. An arrest warrant without evidence can’t be used in court, so in order for them to be legal, a police officer needs probable cause and two pieces of evidence to have an arrest warrant issued. A lot of people ask, “Who can issue an arrest warrant?” and the answer is the judge. A police officer will go to a judge and ask for an arrest warrant for a specific crime that has been committed. If the judge finds that there are probable cause and evidence, then they can issue the warrant.

What Happens After Arrest Warrant Is Issued?

Once the arrest warrant has been issued, police officers have the legal right to arrest the person who is suspected of the crime. Arresting police officers can legally arrest you in private and in public, so they can arrest you if you are at work, at a restaurant, or even if you are at home. When they arrest you, they are not allowed to search your home, work, car, or another area that you have been at. They either have to have a search warrant or they have to get consent from you, your roommate, or boss to search your property. It’s also important that if they do have a warrant for your arrest, you don’t have to answer any of their questions. If any of these things happen without your consent, you can contact a lawyer for legal assistance. Many people ask, “Can a warrant be dismissed?” and the only way that arrest warrants will be dismissed is if you turn yourself in. If its something minor, you can go to the court where the warrant was issued and ask for it to be dismissed. You can also bring bail with you just in case it is needed.

Arrest Warrant Vs Bench Warrant

While they are both warrants, an arrest, and a bench warrant are completely different from one another. As stated before, arrest warrants are issued when a police officer comes to a judge with evidence and probable cause that a crime was committed. Once the arrest warrant has been issued, police officers are free to find and arrest you. A bench warrant is different, as they are used for criminal and civil cases. For civil cases, a bench warrant can be issued for a witness so they can come to testify. For criminals cases, bench warrants are issued if the defendant misses their court date. They can also be used in child support cases and when someone doesn’t show up to jury duty. Unlike with an arrest warrant, a police officer might not be actively looking for you.

How Do I Take Care of a Warrant Without Going to Jail?

Bench warrant vs. arrest warrant

Here is a list of basic differences between a bench warrant and an arrest warrant:

Bench warrant

• Used in both civil and criminal cases
• Issued by judge when defendant does not show up for appointed court date for a prior charge.
• In some cases, bench warrants are issued if a person is a no-show for jury duty.
• Used in child support cases when other means of receiving payment have been unsuccessful.

Arrest warrant

• Normally issued only in criminal cases.
• Issued by judge when law enforcement or credible witness presents judge with sufficient evidence for probable cause.
• Also issued if a grand jury indicts you for a crime.

Bench warrants are serious business. If a bench warrant has been issued, you can be held in jail until the next court appearance, but you may be able to bond out. If you need bench warrant assistance make sure to get help from Indiana Bail Bonds. Give us a call at 317-423-9300.

Bench warrant with no bond

If you arrested on a bench warrant, it’s possible you can be held in jail until your next court date. You can be bonded out of jail, but it’s very likely that not only will additional charges be made, your bail amount will be higher this time around. You may also have to forfeit your bail bond. If you had been previously charged with a felony you may be ineligible for bail.

Bench warrant example

Let’s say you have DUI charges and were bonded out of jail after agreeing to appear in court. If you fail to appear in court on your scheduled date, the judge will issue a bench warrant for your arrest.

Will I go to jail if I turn myself in for a bench warrant?

Turning yourself in on a bench warrant and making an appearance before the judge will not automatically prevent you from going to jail on failure to appear charges. In fact, before you turn yourself in you may want to arrange some way of posting bail. You can do this by talking to a bail bondsman beforehand or talking with a family member or friend who can arrange to pay the bond.

How do you get rid of a bench warrant?

To get rid of a bench warrant, you either have to turn yourself in, get stopped and arrested by the police or have an attorney make an agreement with the judge over the terms of the warrant. If you turn yourself in you need to make arrangements for posting bail on failure to appear charges. If you call the court clerk or the police beforehand, you can arrange to come in and pay bail to get the warrant released.

Can a bench warrant be dropped?

Generally, the only way for a bench warrant to be dropped is by turning yourself in and appearing before the judge. When you appear before the judge, you will still have to explain why you missed your court date in the first place. If the explanation is accepted, the court date will be rescheduled, otherwise you may be fined or taken into custody.

Can you have a warrant without knowing?

Yes, you can have a warrant without knowing it. A judge can issue a warrant at any time if probable cause merits it without you or even law enforcement knowing it until they receive the warrant. Arrest warrants for instance normally have no advance notice to prevent the suspect from fleeing.

If you have been arrested on a bench warrant in Avon and Indianapolis, IN and need help bonding out, make sure to contact Indiana Bail Bonds. We are ready to help. Give us a call at 317-423-9300.