A bench warrant in Wyoming can turn a missed court date into a much bigger legal problem. When you fail to appear for a scheduled hearing or do not comply with certain court requirements, a judge may issue a warrant that allows law enforcement to take you into custody.
Unfortunately, it does not go away on its own. The warrant remains active until it’s served or the court recalls it. Even if you missed court because of an emergency, a scheduling mistake, or an outdated mailing address, ignoring the situation won’t make it go away.
Here is a look at how you can take steps to resolve the warrant.
What Does a Bench Warrant Mean in Wyoming?
A judge can issue a bench warrant when you fail to appear for a required hearing or don’t comply with certain court obligations. This can happen in traffic cases, along with misdemeanors and felony proceedings.
Keep in mind that a bench warrant is different from an arrest warrant. An arrest warrant is issued when there is enough probable cause that someone committed a crime.
On the other hand, a bench warrant is issued during an existing court proceeding. Many times, this is because someone failed to follow the court’s instructions.
What Happens If You Miss Court While on Bond?
Missing court can create plenty of problems. Under Wyoming Rule of Criminal Procedure 46.4, a court may declare the qualifying bond property forfeited when someone fails to appear as required. The court may also revoke release or impose other consequences for violating release conditions.
Along with that, the judge could reconsider your release terms. That can make it harder to remain out of custody while your case continues.
However, there is a difference between missing a criminal court appearance and missing a traffic citation hearing. Under Wyoming Statute § 31-5-1206, violating a promise to appear on a traffic citation is a misdemeanor. It is punishable by a fine, imprisonment, or both. But in criminal cases, a knowing failure to appear while released may result in contempt proceedings under Rule 46.4.
You Should Never Ignore a Bench Warrant
You might hope the warrant will eventually disappear, especially if you live outside Wyoming or missed court because you never received the notice.
Unfortunately, an active bench warrant can lead to an arrest during a routine traffic stop or another law enforcement encounter. Depending on the situation, you could be taken to jail and held until you appear before a judge.
Even if you never received your hearing notice because you moved or had an outdated address on file, you should address the situation and not assume the court will dismiss the warrant.
How to Clear a Bench Warrant in Wyoming
The process for clearing a bench warrant will depend on the court, the underlying charge, and the reason for your missed appearance. Many times, the process involves:
- Confirming the warrant: You need to identify which court issued it and whether it’s still active.
- Contacting the court: Find out what steps are required to arrange another appearance.
- Requesting a recall: Your attorney may ask the court to recall or quash the warrant and schedule a new hearing.
- Preparing for court: With this, you can collect all relevant documents, including proof of any circumstances that prevented you from appearing.
If you think that showing up at the courthouse will resolve the issue, that is not always the case. An active warrant could result in your arrest when you arrive. You will want to work with your criminal defense attorney to coordinate your appearance.
Frequently Asked Questions
Can I be arrested for missing a court date in Wyoming?
Yes. A judge can issue a bench warrant after you fail to appear. With that, law enforcement can execute an active warrant, including during a traffic stop.
Does a bench warrant expire in Wyoming?
Even with the passage of time, your bench warrant might still be valid. You will want to contact the issuing court or your lawyer to confirm its status and see whether the court has recalled it.
Can a lawyer clear a bench warrant without me being arrested?
Your criminal defense lawyer may be able to coordinate a voluntary court appearance and request that the judge recall the warrant. However, that decision is up to the court, and an attorney cannot guarantee you’ll avoid arrest or detention.
How a Wyoming Criminal Defense Lawyer Can Help
Resolving a bench warrant in Wyoming can be difficult. And this is not something that you will want to handle on your own. With help from a criminal defense attorney, they can contact the issuing court, find out the warrant’s status, and discuss options for arranging a voluntary appearance.
If you missed court because of an emergency, an incorrect notice address, or another legitimate circumstance, your attorney can help provide that information to the court.
Do you have an outstanding bench warrant in Wyoming? You don’t want to wait until a traffic stop or another unexpected encounter puts you in handcuffs.
At Just Criminal Law, we can help you see what options you have and take steps to resolve the situation. Contact our office to request a confidential consultation.
