Can I fly from state to state with a bench warrant

Asked about 4 years ago - Clinton, MD

I just found out I have a bench warrant for failure to appear in court, never received the date. I am writing a letter to the judge to see if I can be granted another date, but in the mean time, I have to fly to another state in days to attend my grandmothers funeral. Will this stop me from flying.

Attorney answers (3)

  1. Abraham Fernando Carpio-Gonzalez

    Contributor Level 14

    Answered . A bench warrant does not stop you from flying, but if you run into any law enforcement agency in transit (most warrants show in national criminal databases) you most likely will get arrested and possibly held without bail until your court date. Best common sense advice is to get the warrant quashed or recalled through a motion filed by an attorney in the jurisdiction where your case is venued. Get a lawyer my friend.

  2. Abraham Fernando Carpio-Gonzalez

    Contributor Level 14

    Answered . A bench warrant does not stop you from flying, but if you run into any law enforcement agency in transit (most warrants show in national criminal databases) you most likely will get arrested and possibly held without bail until your court date. What may stop you from flying is a judge's order on your pretrial release. Meaning, that if you are restricted to stay within the confines of the state as a conditiona of your pretrial release, that means that you cannot fly. Is that the case on your pretrial release? If so, then you can't fly. Best common sense advice is to get the warrant quashed or recalled through a motion filed by an attorney in the jurisdiction where your case is venued. Don't risk getting arrested. Get a lawyer my friend.

  3. David Richard Waranch

    Contributor Level 9

    Answered . Sorry to hear about the warrant. When a bench warrant is issued, it will show up in all fifty states so BE CAREFUL.

    However, unless the police stop you and do a warrant check or you are pulled over while driving, it is unlikely that you will have problems. Maryland is not going to necessarily be looking for you (although they may come to your house to try to serve it).

    Good job on filing for a recall. Make sure you contact the clerk's office and check on the status of the warrants. Once its recalled, you have nothing to worry about.

    If its not recalled, it will still be out there and you'll have to turn yourself in.

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