A bench warrant is issued when a criminal defendant refuses to appear for an in-court appearance or other event at which the defendant’s presence has been ordered by the court. Upon failure to appear, a bench warrant is virtually always issued. A bench warrant commands North Dakota law enforcement officials to take the defendant into custody and deliver him or her to the court. Bench warrants are most commonly issued when a criminal defendant misses their scheduled arraignment date. Hiring a North Dakota criminal warrant lawyer may help you with your case.

Responding to a North Dakota Bench Warrant

If a North Dakota bench warrant has been issued, then you are wanted. The police have been directed to arrest you by the judge and they will do so – it is simply a matter of time. Even if you live outside the state of North Dakota, you may be extradited back to the state upon your arrest to face the criminal charges lodged against you. So, what should you do if a warrant has been issued for your arrest in North Dakota? You should contact a lawyer to discuss your options (and possibly negotiate bail) and turn yourself in. Once you turn yourself into the custody of law enforcement, there will be a 48-hour timeframe in which you will be brought before a judge for the setting of bond conditions. Do not speak to the police or prosecutor about your case. The best route, generally, is to plead not guilty and request a low bond.

North Dakota bench warrants do not mean that you are guilty of the crime alleged. It must be remembered that, when a person is not arrested but a criminal charge is pressed, it is standard practice in North Dakota to issue a bench warrant for the person accused of the crime rather than notify them via letter or telephone call that they are to appear in-court. Although this practice may seem underhanded, it is the unfortunate reality of the North Dakota criminal justice system. As a Fargo warrant attorney who provides services in Fargo, West Fargo, Minot, Bismarck, Dickinson, and elsewhere in North Dakota, I can assure you that you are not the only one facing this difficult situation.

Will the Judge Withdraw a North Dakota Bench Warrant?

In general, a bench warrant in North Dakota will only be withdrawn once you actually appear in the case. In other words, you will need to appear in court before the warrant is withdrawn. However, there are certain (and limited) situations in which it may be able to quash the warrant. A quashed warrant is a canceled warrant that no longer has a binding legal effect. Even if your case has an ‘inactive’ status within the North Dakota courts system, the warrant for your arrest is still active.

As a Fargo warrant attorney and North Dakota criminal defense lawyer who serves Fargo, West Fargo, Minot, Grand Forks, Bismarck, Williston, and the entire state, I have helped many with outstanding warrants. Having an attorney argue the bail amount and release conditions can make a substantial difference in the trajectory of your criminal case.