You can resolve an active bench warrant in New Mexico by appearing in court, paying an associated bond, or hiring a criminal defense lawyer to quash the warrant. A local attorney will know how to handle your situation as well any other underlying legal matters you or your family member may be facing.
An unresolved bench warrant can negatively impact future job prospects, advancement, the ability to travel and put you in fear of being put in jail because of a simple traffic stop. Being stopped for a simple traffic violation and then being arrested on an outstanding bench warrant will take your freedom, take your time, take your peace, and take your money.
Bench warrants can lead to additional charges, which is why it is better to avoid them altogether if you can. However, the most practical step you can take toward resolving one is by addressing it head on. Proactively addressing an outstanding bench warrant will give you and your family peace of mind and remove uncertainty and help you move forward in life.
In this Post
In this post, I help you understand what a bench warrant is, what you can do about resolving yours, and how you can contact my office for a Free Case Strategy Session if you need help. Ensure that you speak with a criminal defense attorney for legal advice with regard to your specific situation.
What Is a Bench Warrant?
Most often, judges issue bench warrants when a defendant commits an offense against the court while facing a different criminal matter. Failing to appear in court under NMSA § 31-3-2 is one of the more common reasons for a bench warrant’s issuance.
Courts may also issue them for any of the following reasons:
- Failure to appear in court
- Failure to pay a court fee
- Failure to pay a fine or restitution
- Failure to comply with a court order
- Failure to attend jury duty
- And more
They are typically issued by municipal, magistrate and district court judges. Once issued, law enforcement has the authority to treat it like any other warrant, such as seeking you out for arrest. In addition, a simple traffic violation may lead to you being taken to jail because of the outstanding bench warrant. If you find out that you still have an active bench warrant, get help from an attorney as soon as possible.
How to Find Out If You Have a Bench Warrant
While you might be able to determine if you have an active bench warrant online, many courts still do not make this information available, and for those that do, the data may not be 100 percent accurate. In either case, speaking with law enforcement or the courts directly will provide more definitive answers.
Find out if you have a warrant using the following options:
- Check with the sheriff’s office that oversaw your original criminal matter
- Get in touch with the court
- Contact the police department of the arresting officer
If you suspect that you have a bench warrant, but are worried about contacting law enforcement or the courts, it is best to hire a criminal defense lawyer. We can answer your question without making legal mistakes that can jeopardize your case.
Related Article: Can a Lawyer Clear a Warrant in New Mexico?
Further Penalties Associated with a Bench Warrant
The courts will consider you in contempt of court if you commit offenses related to a bench warrant’s issuance. Regardless of the reason a bench warrant was issued, there are penalties associated with receiving one.
Per NMSA § 21-3-9, for example, a person who fails to appear in court can receive an additional fourth-degree felony or misdemeanor depending upon the charges running concurrently.
Examples of penalties associated with bench warrants may include:
- Jail time
- Bench warrant fees
- Increased fines
- Lengthy probation sentences
- Driver’s license suspension
- Denial of bail
When facing a bench warrant, do not avoid dealing with it. In many cases, the consequences of hiding from a bench warrant eclipse those associated with facing it. Your attorney will help you handle the legal aspects so that you can get your life back on track.
Act Now and Resolve Your Active Bench Warrant
If you know that you have a bench warrant against or are too nervous about finding out, do not put yourself through the stress and anguish of wondering if you could be arrested at any moment. Consult with my office about getting it resolved.
At Grano Law Offices, P.C., we have a strong track record of success when it comes to quashing bench warrants for our clients and dealing with their original charges, if still remaining.
Questions? Get Answers with a Free Case Strategy Session
Put the past behind you and get the answers you want. Call Grano Law Offices, P.C. for a Free Case Strategy Session by messaging my office here or calling me (505) 426-8711 now.
