A bench warrant is an order issued by a Judge for the arrest of an individual. If an individual has failed to appear in Court in either his own case or another case in which he has been subpoenaed to appear as a witness, the Judge may issue a bench warrant ordering their arrest. Also, a bench warrant may be ordered when a defendant does not pay his fines or comply with bail or probation conditions, or when the defendant picks up a new case while out on bond on another case. A bench warrant authorizes law enforcement to locate and arrest an individual, and bring them before the issuing judge to answer the charge of contempt.
If you have a warrant issued due to your failure to appear in a traffic matter, an OJW hold will be placed upon your license and your privilege to drive will therefore be suspended. Until the warrant is cleared in your case and an OJW fee is paid, and an OJW clearance letter sent to the DMV, you will be unable to reinstate your driving privileges and will face charges of driving under suspension if you are pulled over.
If there is a bench warrant for your arrest, you should consult with a defense attorney at your earliest convenience. A defense attorney may, in certain circumstances, be able to file a motion with the Court asking that the warrant be vacated and that a court appearance be set, thus negating the need for you to turn yourself in and go into custody. If you reside out of state, your attorney may be able to have your presence waived at any subsequent court appearances in the matter. In other circumstances, your presence may be required, but the presence of an attorney may assist in mitigating your situation upon your appearance and possibly vacating the warrant at that time without the inconvenience of an arrest.
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
Being falsely accused of domestic violence is a uniquely devastating and frightening experience. In Colorado, law enforcement officers responding to domestic disturbance calls are encouraged, and in many cases required, to make an arrest when probable cause exists. This means individuals can face criminal charges based largely on one party’s statement at the scene.
At the Law Office of Kimberly Diego, our Denver criminal defense attorney understands the legal challenges
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense
