Bench Warrants in Washington: How They’re Issued and How to Resolve Them

In this article, you will discover:

• How bench warrants differ from standard arrest warrants in Washington.
• Whether Washington law enforcement will attempt to find you if you have an outstanding bench warrant.
• Whether you can clear a bench warrant without going to jail, and how an attorney can help.

What Is A Bench Warrant Under Washington Law?

A bench warrant, so called because it’s issued from the judge’s bench, occurs when you don’t comply with the terms of the court’s order. A judge can issue a bench warrant for your arrest, or a prosecutor can come to the judge and request it. In the latter case, the judge signs off.
Suppose later you get pulled over by the police. If they search your name in the database and see an outstanding warrant, they can arrest you.

How Is A Bench Warrant Different From A Standard Arrest Warrant?

A bench warrant is issued for failure to comply with the court’s conditions. An arrest warrant is requested by a police officer, detective or prosecutor based on probable cause.

If somebody reports that they witnessed you commit a crime and identifies you, a judge can issue the warrant based on the information disclosed to them. If you are the person named in the warrant or you reasonably match the description in the warrant, the police can arrest you.

Will Law Enforcement Attempt To Find And Arrest Me If A Bench Warrant Is Issued?

Law enforcement doesn’t run warrants in an attempt to find you. That is beyond the scope of their ordinary work. However, if they stop you, search your name in the database, and a warrant shows up, that’s when they can arrest you. It’s a matter of chance.

Occasionally, arrests are made in courtrooms, but it’s rare and coincidental. Suppose an officer is in court to testify at the same time you come to pay fines or post bond on the issue related to your warrant. Law enforcement can, at that point, decide to either arrest you or let you pay to quash the warrant.

So many people with warrants either don’t know they have one or just ignore it until they are pulled over for speeding and go to jail.

Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of criminal law. With years of experience, she is prepared to assist you in handling outstanding bench warrants so you can resolve them in a timely way.

Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.

How Can I Find Out Whether I Have A Bench Warrant?

Many people don’t know they have outstanding warrants. Perhaps you failed to pay a fine on a traffic ticket by the deadline, failed to appear for a court date or changed your address so the warrant never reached you.

While there is no statewide, unified database to check for active warrants, there are a few ways to check if you have one:

• Directly contact the municipal or district court in the city or county where you live, if you know where your case might be
• Check online government search resources, including the Washington Courts Name and Case Search, the Washington Courts’ Find My Court Date tool or the Washington State Patrol’s Criminal History Records
• Contact an attorney to perform a check and confirm whether a warrant exists

Insofar as search tools can be incomplete or inaccurate, choosing an experienced lawyer to verify whether you have an outstanding warrant is the best strategy. They can also help you resolve the issue.

What Can Happen If Law Enforcement Discovers An Active Bench Warrant During A Traffic Stop?

Officers have some leeway in deciding whether to arrest you. If they choose not to take you in, no one will ever know if the officer was even aware you had a warrant. Some officers don’t run your name through the database; others just run your license and registration. Some will even see the warrant and verify it before handing you your traffic citation and sending you on your way.

Suppose you are stopped for a traffic citation, the officer runs your name, and they see you have a warrant with a bail amount of $100. They can take you in, requiring them to do all the paperwork for booking and filing a report. Alternatively, if they don’t want to do all that paperwork, they can instruct you to take your warrant to the court and handle it immediately.

It depends on the severity of the underlying crime. If the warrant is just a monetary obligation and not for a severe crime, the officer is likely to advise you to take care of it immediately, warning you that the next time you’ll be arrested.

Is It Possible To Resolve Or Clear A Bench Warrant Without Spending Time In Jail?

You don’t necessarily need an attorney to clear a bench warrant, but it’s often easier with one.

There are two ways to resolve a bench warrant:

1. Pay the warrant.
2. Quash the bench warrant, in which case you’ll get your bail money back.

When you quash a bench warrant in Washington, you ask the court to recall the warrant and allow your case to proceed. This proceeding usually involves appearing before a judge (often on a motion or at a scheduled hearing), explaining why you missed court or violated the conditions, and showing that you will comply moving forward. The judge may then set new court dates and decide whether to impose, modify or waive bail.

Suppose you don’t pay your traffic ticket, and the court issues a bench warrant for $500. Often, if you go to the court that issued the bench warrant and pay the $500 bail, the judge will then quash the warrant and reset the hearing for the underlying crime on a new date.

When you show up for the hearing, you can then ask the judge to release the $500 bail you paid to quash the bench warrant. The court will then “exonerate” the bail and return your money.

Still Have Questions? Ready To Get Started?

For more information on bench warrants in Washington state, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.