Bench Warrants in Indiana: How to Handle a Failure to Appear
Introduction: What to Do If You Have a Bench Warrant in Indiana
Missing a court date in Indiana can lead to serious legal consequences, including a bench warrant for your arrest. Many people don’t realize that failing to appear—even for minor offenses—can result in additional criminal charges, fines, or jail time.
If you have a bench warrant due to a failure to appear (FTA), it’s essential to act quickly to resolve the issue before law enforcement arrests you. This guide will explain:
✔ What a bench warrant is and why it’s issued
✔ The consequences of failing to appear in court
✔ Steps to handle a bench warrant before you get arrested
✔ How a criminal defense attorney can help
📞 Have a bench warrant? Don’t wait—contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
What Is a Bench Warrant?
A bench warrant is a court order that allows law enforcement to arrest you because you failed to comply with a legal obligation—typically missing a court date. Unlike an arrest warrant, which is issued after law enforcement gathers evidence of a crime, a bench warrant is issued when a judge determines you failed to follow court orders.
Why Are Bench Warrants Issued?
Judges issue bench warrants for various reasons, but the most common is Failure to Appear (FTA) in court. You may also face a bench warrant if you:
❌ Miss a scheduled court hearing (criminal or traffic case)
❌ Fail to pay court-ordered fines or restitution
❌ Ignore a subpoena to testify in court
❌ Do not comply with probation terms
❌ Violate a court order, such as child support payments
What Are the Consequences of a Bench Warrant in Indiana?
A bench warrant gives police the authority to arrest you at any time—whether at home, work, or during a routine traffic stop.
🚨 Possible consequences include:
✔ Immediate arrest and jail time
✔ Additional criminal charges (failure to appear is often a misdemeanor or felony)
✔ Suspended driver’s license (for unpaid fines or missed traffic court dates)
✔ Increased fines and court costs
✔ Probation revocation (if applicable)
📌 TIP: Even if you think your missed court date was a small issue, an outstanding warrant can have major legal consequences.
Failure to Appear (FTA) Charges in Indiana
Failing to appear in court can lead to additional criminal charges under Indiana Code § 35-44.1-2-9.
➡ If your original charge was a misdemeanor:
Failure to appear is a Class A misdemeanor.
Punishable by up to 1 year in jail and a $5,000 fine.
➡ If your original charge was a felony:
Failure to appear becomes a Level 6 felony.
Punishable by 6 months to 2.5 years in prison and a fine up to $10,000.
📌 TIP: Courts may increase your bail amount or deny bail entirely if you have an FTA on your record.
How to Handle a Bench Warrant Before You Get Arrested
If you have a bench warrant, taking proactive steps can help avoid arrest and minimize penalties.
Step 1: Verify the Warrant
Check if there is an active bench warrant against you.
Search Indiana’s MyCase system for active court records.
Contact the county courthouse where your case was filed.
Speak with a criminal defense attorney to confirm your warrant.
Step 2: Contact a Criminal Defense Attorney
✅ An attorney can negotiate on your behalf to resolve the warrant without an arrest.
✅ They may be able to file a motion to recall or quash the warrant.
✅ In some cases, you may be able to schedule a hearing voluntarily rather than being arrested.
📞 Facing a bench warrant? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.
Step 3: Prepare to Surrender Voluntarily (If Needed)
If your attorney advises that you must turn yourself in:
✔ Do NOT wait until police arrest you—this can make your case worse.
✔ Bring an attorney with you to court to request leniency.
✔ Prepare for possible bail requirements (your lawyer may be able to request a lower bail amount).
Step 4: Attend All Future Court Dates
✅ Mark all court hearings on your calendar.
✅ Set reminders so you don’t miss another appearance.
✅ If an emergency arises, contact your attorney ASAP to request a reschedule.
📌 TIP: If you failed to appear due to an emergency (hospitalization, accident, etc.), bring documentation to your hearing to explain your absence.
How a Criminal Defense Attorney Can Help With a Bench Warrant
🚨 Trying to handle a bench warrant alone can result in unnecessary jail time or additional charges. An experienced Indiana criminal defense attorney can:
✔ Verify the warrant and explore options to resolve it.
✔ File a motion to quash the warrant and avoid arrest.
✔ Negotiate with the judge for leniency.
✔ Represent you in court and fight for the best outcome.
📞 Don’t risk getting arrested—contact Vining Legal LLC today at (317) 759-3225 or schedule a consultation.
Conclusion: Don’t Ignore a Bench Warrant—Take Action Now
If you have a bench warrant for failure to appear, it won’t go away on its own. Ignoring it can result in arrest, increased penalties, and a more difficult legal battle. Instead, take control of your situation by:
✔ Confirming the warrant and understanding your options.
✔ Contacting a criminal defense attorney for legal guidance.
✔ Appearing voluntarily in court if necessary to avoid further penalties.
📞 Need legal help with a bench warrant? Contact Vining Legal LLC today at (317) 759-3225 or schedule a consultation.
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