Finding out if you have an outstanding warrant can be a stressful experience. In North Carolina, bench warrants are issued when someone fails to appear in court for a scheduled hearing or fails to comply with a court order. This comprehensive guide will walk you through how to determine if you have a bench warrant in NC and what steps you should take if one exists.
Understanding North Carolina Bench Warrants
A bench warrant in North Carolina is essentially an order from a judge authorizing law enforcement to arrest you. These warrants are issued for a variety of reasons, most commonly for failing to appear in court (FTA) for a traffic ticket, misdemeanor charge, or felony charge. Non-appearance isn't the only reason; failure to comply with probation or other court orders can also lead to a bench warrant. The severity of the warrant depends on the underlying charge. A warrant for a minor traffic violation will carry a different level of seriousness than a warrant for a felony offense.
How to Find Out if You Have a Bench Warrant in NC
There's no single, universally accessible online database for checking bench warrants in North Carolina. The process is decentralized, meaning you'll need to check with specific jurisdictions. Here are the most effective ways:
1. Contact the Clerk of Superior Court in the Relevant County
This is often the most reliable method. Bench warrants are typically filed in the county where the original offense occurred. You'll need to know the county and potentially the specific court (district court or superior court). Contacting the Clerk of Court's office directly provides the most accurate information. Be prepared to provide your full name, date of birth, and any relevant case numbers you might have.
2. Check with Local Law Enforcement
Your local police department or sheriff's office might be able to provide information on outstanding warrants. However, this method isn't always guaranteed, as they may not have access to every jurisdiction's warrant database.
3. Use an Online Warrant Search Service (with Caution)
Several websites claim to offer warrant searches. Use these services with extreme caution. They are often unreliable, inaccurate, and may even be scams. The information provided may not be up-to-date or may pertain to someone else with a similar name. It's best to prioritize the more official methods mentioned above.
What to Do if You Have a Bench Warrant in NC
Discovering you have a bench warrant can be alarming. Here’s what you should do:
1. Don't Ignore It
Ignoring a bench warrant will only exacerbate the situation. The longer you wait, the more serious the consequences could be. Law enforcement can arrest you at any time, anywhere, even for minor offenses.
2. Contact an Attorney Immediately
A lawyer can help you navigate the legal complexities and negotiate the best possible outcome. They can represent you in court and potentially help you resolve the underlying issue that led to the warrant.
3. Turn Yourself In
While it might feel daunting, voluntarily surrendering yourself is often the best course of action. This demonstrates cooperation and can potentially lead to a more lenient sentence compared to being arrested unexpectedly.
4. Prepare for Court
If you are going to turn yourself in, gather any relevant documentation, including identification, proof of address, and any information related to the original charge.
Frequently Asked Questions (PAAs)
Here are some common questions surrounding bench warrants in North Carolina:
What Happens if I Get Arrested on a Bench Warrant?
Being arrested on a bench warrant can result in jail time, additional fees, and potentially more serious charges depending on the original offense.
Can I Get My Bench Warrant Removed?
In some cases, yes. An attorney can help you explore options such as resolving the underlying case, negotiating a plea bargain, or potentially getting the warrant quashed.
How Long Can a Bench Warrant Stay Active?
The length of time a bench warrant remains active varies depending on the specifics of the case. Some warrants can remain active for years.
What are the consequences of ignoring a bench warrant?
Ignoring a bench warrant could lead to arrest, imprisonment, additional fines, and a more difficult legal battle in the future. It could also impact your ability to obtain employment, housing, or professional licenses.
This information is for general guidance only and should not be considered legal advice. If you have a bench warrant in North Carolina, seeking legal counsel is strongly recommended. Your rights and best course of action will depend on the specifics of your situation.
