Missing a court date in Lexington, South Carolina, can lead to serious consequences, including the issuance of a bench warrant. If you or a loved one is being held on a bench warrant at the Lexington County Detention Center, swift legal action is essential to avoid extended incarceration and unnecessary delays in resolving the underlying case. Here’s what you need to know about lifting a bench warrant and how our criminal defense law firm can help.
What Is a Bench Warrant?
A bench warrant is issued by a judge when someone fails to appear for a scheduled court date, often in General Sessions court. This warrant authorizes law enforcement to arrest and detain the individual until further orders from the court or until the case concludes.
Unfortunately, a bench warrant does not come with an automatic court review or a new hearing date. This means that if no action is taken, the person may remain in custody for months with no progress on their case.
Steps to Lift a Bench Warrant
Contact a Criminal Defense Attorney Immediately
The first and most crucial step is to hire an experienced criminal defense attorney. At our firm, we frequently work with families of individuals held on bench warrants. We can dispatch an attorney to the Lexington County Detention Center to meet the individual and begin the legal process promptly.
We Reach Out to the Prosecutor
As soon as we’re retained, our attorney will reach out to the prosecutor’s office to see if they will agree to cancel the bench warrant. If they do, this is the fastest way to have it lifted. Our office can immediately prepare the court paperwork to document that agreement and get it presented to a judge for approval. When bench warrants are lifted quickly—often within the same day or week—this is almost always how it occurs.
Filing a Motion to Lift the Warrant
If the prosecutor does not agree to cancel the warrant, the next step is filing a motion with the court requesting the bench warrant be lifted. This motion explains the circumstances of the missed court date and argues why the warrant should be set aside.
Attending a Court Hearing
In most cases, the judge will schedule a hearing to review the motion. Your attorney will present evidence and advocate on your behalf, aiming to convince the court to lift the warrant and set a new court date.
Resolving the Underlying Case
Once the bench warrant is lifted, the focus shifts to addressing the underlying criminal charges or legal matter. Resolving the root cause of the warrant is essential to avoid future issues.
How Quickly Can a Bench Warrant Be Lifted?
Time is of the essence in bench warrant cases. In some instances, our attorneys can secure a resolution the same day we are retained. However, the timeline depends on the specifics of the case, including the reason for the missed court date and the court’s schedule.
Our team is committed to acting swiftly and efficiently to minimize the time your loved one spends in custody.
Why You Need a Local Lexington Criminal Defense Attorney
Hiring a local criminal defense attorney is invaluable in bench warrant cases. Our attorneys are familiar with the procedures, judges, and prosecutors in Lexington, South Carolina. This familiarity allows us to navigate the system effectively and advocate for the best possible outcome for our clients.
Common Reasons for Failing to Appear
Failing to appear in court can happen for many reasons, including:
- Miscommunication: The individual may not have received notice of the court date.
- Emergency Situations: Illness, family emergencies, or accidents can prevent someone from attending court.
- Fear or Anxiety: Facing criminal charges can be overwhelming, leading some individuals to avoid court.
- Calendar Errors: Many people mistakenly mark the wrong date on their calendar, leading to missed court appearances.
- Confusion About Multiple Charges: In cases involving both magistrate and General Sessions charges, individuals may mistakenly believe attending one court satisfies all obligations, not realizing they had two separate court dates to track.
Regardless of the reason, it’s important to address the issue immediately to avoid prolonged legal and personal consequences.
Don’t Wait—Act Now
If a loved one is being held on a bench warrant in Lexington, South Carolina, contact us today. Our experienced criminal defense attorneys are here to help lift the warrant, secure their release, and address the underlying case.
With a strong track record of handling bench warrant cases quickly and effectively, we’re ready to provide the legal support you need. Call us now to schedule a consultation.
Serving Lexington and Beyond
Our law firm proudly serves Lexington, South Carolina, and the surrounding areas. Whether you need assistance with a bench warrant, criminal charges, or another legal matter, we’re here to fight for your rights.
Legal Disclaimer-Prior results obtained on behalf of one client in one matter do not indicate that similar results will be obtained for other clients in other matters. Every case is different. No lawyer can ever make a promise or guarantee about the outcome of any criminal case in South Carolina.