Once a suspect is arrested and charged with a DUI, the next step in the legal process will be to appear for what is known as an arraignment. The arraignment process is basically an officially, legal, criminal process where the charges against the defendant will be read and he or she will be asked as to how they plead in the case.
The arraignment date will be communicated to the defendant well in advance and if he or she fails to show up to court on the scheduled date then the judge will issue what is known as a bench warrant for the suspect’s arrest or what is commonly referred to simply as an arrest warrant. The term bench basically means that the judge who on the bench issued this warrant, say DUI lawyers in Colorado.
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The bench warrant for arrest is a public record
Failure to appear or an FTA as it is commonly called will inevitably result in a bench warrant being issued. If a bench warrant is issued, then things can go from bad to worse for the DUI defendant. A bench warrant is a public record that basically means that the police are looking for you and can arrest you at any time on the basis of the warrant.
Therefore, if you are stopped for any unconnected reason by a law enforcement officer and he or she learns from their system that there is a warrant out for your arrest then they may place you under arrest right away, caution Colorado DUI attorneys.
Since a bench warrant is a public record, anyone who can access a public database will be able to access this information. This means that any time an employer, an insurance provider, a land lord, and so on runs a back ground verification on you they will learn that there is a bench warrant issued for your arrest. Needless to say, that is not a good thing.
This is why in the movie SWAT Alex Montel (Olivier Martinez) wanted to get out of jail. He was told by his legal counselor that they were running a background check on him. Interpol was doing this. This is why he offered $100,000,000 to anyone who would help spring him from confinement. He knew once the LAPD found out who he was, he was not going anywhere for a long time.
State laws regarding FTA and its consequences may vary from state to state. However, generally, a FTA will result in the revocation of the previously fixed bail or bond amount and a new bail or bond amount for a much higher value will be enforced.
All in all, it is never a poignant idea to miss your court date after being charged with DUI or any other crime for that matter. Under exceptional circumstances, a Colorado DUI lawyer will be able to represent you and justify your absence, but for the most part, it is vital that you appear in court as scheduled.
Quashing a bench warrant
Once a warrant is issued, a recall of the warrant is possible provided that the defendant turns himself or herself in to the court. In some cases, a legal professional representing the suspect can make the appearance on behalf of the defendant.
If you have a warrant out for your arrest, it would be prudent to reach out to a Colorado DUI lawyer to handle your case in the best way. You do not want to exacerbate the situation.