Can I go to jail if there's a bench warrant on me and I go to court voluntarily?

Asked about 3 years ago - Denver, CO

I received a speeding ticket several months ago and missed my court date which was a couple months ago. There is a bench warrant out for me. I am going to the courthouse in a couple days. Will I potentially face jail time even if I go without being arrested?

Attorney answers (3)

  1. Robert Gerald Werking

    Pro

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . Generally, speeding tickets in Colorado have been decriminalized meaning that a bench warrant is not issued but rather the court enters judgment against you, imposes a fine, and then sends notice to DMV regarding the points assessed and the outstanding judgment. However, speeding in excess of 25 miles per hour over the limit is still deemed to be a criminal violation and a warrant would issue in such a case.

    If in fact a bench warrant was issued, the court may remand a person into custody to post bond or depending on a person's prior motor vehicle record and/or prior failures to appear, the court may simply quash the warrant without remanding the person into custody.

    In either event, you may wish to consult with a good criminal/traffic attorney regarding your particular circumstances.

  2. Steven Joseph Pisani

    Contributor Level 10

    Answered . It is likely that the judge will quash the warrant if you show up, but be aware that the judge may also take you into custody. This will depend on many factors such as your prior criminal history, prior FTA's, and reason for missing court in the first place. Be prepared to remand into custody just in case. Because you missed court, there will be an FTA fee assessed as well.

    www.pisanilaw.com

  3. Stephanie Hartung

    Contributor Level 9

    Answered . If a bench warrant is issued against you you can be arrested for going to the court even if you are doing so with the best intentions. The court may have a walk in calendar (calendar for people similarly situated set up for people to quash their warrants) that you can go to (check your court’s website or call the court clerk). Otherwise it is not recommended that you physically go to the court. If you want to pay the ticket arrange payment without traveling to the court. If in doubt about your options contact a local attorney. A lot of attorneys will answer your question free of charge.

    You should not be facing jail time for traffic infraction.

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