It will depend on your particular situation.
Payable Tickets – Sometimes we receive regular payable traffic tickets. We might fill out, and send in, the paperwork to contest the violation. The court will send you a trial date. But, then we get busy and forgot about the date. Most likely, the court will contact the MVA and place a suspension hold on your driver’s license. But, it’s unlikely that the police will come to your house.
What about more serious traffic violations?
Serious Traffic Violations – Driving with a suspended license, driving without a license and driving without insurance are all examples of serious violations. Serious tickets can carry jail time. If you receive a serious ticket and miss your court date, the judge may put out a warrant for your arrest. It’s called a bench warrant. With a serious traffic ticket, law enforcement may indeed visit your home.
Are the police guaranteed to come if I have a bench warrant?
It depends. There are some locations where the sheriff’s office is very busy with other matters. It may take them a few weeks to get to your case. Hopefully, by then you will have resolved things. However, there are other jurisdictions where law enforcement will show up the next day. They will knock on your door. If you answer the door, they will most likely take you into custody.
What will happen if I am taken into custody?
They will handcuff you and place you into a police car. They will drive you to the local detention center. Once there you will see a commissioner. The commissioner will determine if you are to be released. However, if the commissioner decides to hold you, then you will have to wait to see a judge for a bond review. At that time, the judge will make a final determination as to whether you should be held until your trial date or released.
What would happen if I got arrested while I was out-of-state?
They could extradite you. A white van, that smells like disinfectant and body odor, will pick you up from the jail that’s holding you. They will drive you back to Maryland. Depending on the length of the trip, they may have a snack/lunch for you. Sometimes they will stop at a drive thru.
What can I do to avoid going to jail?
You can hire a lawyer to file a motion to recall and quash the bench warrant. If successful, your name will be pulled out of the data base that tells law enforcement to arrest you if they see you.
How long does it take for the court to review the motion to recall?
It depends on how busy the court is. I have had bench warrants cleared the same day I file the motion. But, there are other very busy courts where it could take as long as 30 days.
Steps to take after you find out you have a bench warrant.
- Contact a lawyer.
- Give your lawyer the details on why you missed your court date.
- Do not drive.
- If you come into contact with law enforcement prior to the bench warrant being recalled, they can take you into custody.