Bench Warrants, Failure to Appear, and How to Fix the Problem Quickly

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

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Missing a court date in Virginia creates problems that compound quickly. A single missed appearance results in a bench warrant, a separate criminal charge, and potential suspension of your driver’s license. The situation does not resolve itself over time; bench warrants remain active indefinitely, and the underlying case continues to await resolution. Understanding what a bench warrant is, how it affects you, and the most effective ways to address it helps people take the right steps to fix the problem.

What Is a Bench Warrant?

A bench warrant is an order issued directly by a judge (from the “bench”) commanding law enforcement to arrest a person and bring them before the court. Bench warrants are distinct from arrest warrants, which are typically issued based on probable cause that a person has committed a crime. A bench warrant does not require any new criminal activity; it is issued simply because the person failed to appear for a required court date.

Once a bench warrant is issued, it is entered into state and national law enforcement databases. Any officer who runs your name during a traffic stop, at a checkpoint, or during any other law enforcement contact will see the outstanding warrant. You can be arrested at any time and any place, including at your home, workplace, or anywhere you have contact with law enforcement.

Bench warrants do not expire. A warrant issued for a missed court date in Christiansburg in 2019 is still active and enforceable today unless it has been addressed and recalled by the court.

Failure to Appear as a Separate Criminal Charge

Missing a court date is not just a procedural problem. Virginia Code § 19.2-128 makes failure to appear a separate criminal offense.

Specifically:

• If the underlying charge is a felony and you fail to appear, failure to appear is a Class 6 felony carrying 1 to 5 years in prison.
• If the underlying charge is a misdemeanor and you fail to appear, failure to appear is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine.
• If the underlying matter is a traffic infraction or civil proceeding, failure to appear may still result in penalties, license consequences, or contempt findings.

This means that failing to appear on a misdemeanor charge results in a second criminal charge on top of the original. Failing to appear on a felony charge adds a felony charge. These accumulate and must each be resolved.

Driver’s License Suspension for Failure to Appear

Virginia law also requires the DMV to suspend the driver’s license of a person who fails to appear for a traffic-related court date. Under Va. Code § 46.2-395, if a court reports a failure to appear on a traffic offense to the DMV, the DMV must suspend the person’s driving privilege until the court notifies the DMV that the matter has been resolved.

This means that a missed court date for a speeding ticket or reckless driving charge can result in a suspended license, on top of the bench warrant and the FTA charge. Driving on a suspended license is itself a separate criminal offense under Va. Code § 46.2-301, creating a chain of consequences from a single missed court date.

Why People Miss Court Dates

Bench warrants arise for many reasons, and some are more sympathetic than others. Common causes include:

• Failure to receive notice of the court date (moving, incorrect address on file, notices delivered to the wrong location)
• Medical emergencies or hospitalization
• Confusion about the date or location
• Out-of-state residents who received a Virginia summons and did not understand the requirement to appear
• Incarceration on a different charge in another jurisdiction
• Fear of the outcome leading to avoidance

Courts consider the circumstances of the failure to appear when deciding how to handle a bench warrant upon the person’s return to court. The reason matters to some degree, though it does not eliminate the FTA charge.

How to Address a Bench Warrant

There are generally two approaches to handling an outstanding bench warrant: turning yourself in or filing a motion to recall or quash the warrant. The right approach depends on the circumstances.

Turning Yourself In

The most straightforward approach is to voluntarily appear before the court and address the outstanding warrant. In Montgomery County, this means appearing at the Montgomery County General District Court or Circuit Court in Christiansburg, depending on where the underlying case is pending.

Voluntary appearance, as opposed to being arrested by a patrol officer in an unrelated encounter, is generally viewed more favorably by judges. Coming in voluntarily demonstrates respect for the court’s process and may result in more favorable treatment on the FTA charge and on bond conditions.

If you turn yourself in, you will be brought before a judge who will address the warrant, determine whether to set bond and under what conditions, and schedule new court dates for both the original charge and the FTA charge.

Motion to Recall or Quash

In some circumstances, particularly when there is a legitimate and documentable reason for the missed court date (hospitalization, incarceration elsewhere, lack of notice), an attorney may file a motion to recall the bench warrant before the client appears. If granted, the warrant is recalled and the case is rescheduled. This approach avoids an arrest and can be particularly valuable in cases where there is a clear and verifiable reason for the non-appearance.

The court is not obligated to grant a motion to recall; it is at the judge’s discretion. But in cases where the reason for the FTA is compelling and documented, courts in Christiansburg and elsewhere in the New River Valley may be receptive to a well-presented motion.

Bond Implications

When a person appears following a bench warrant, the court must make a new bond determination. A history of failure to appear is a factor that weighs against release on bond, because it suggests the person may not appear for future dates. Presenting evidence that the FTA was not willful and demonstrating a commitment to future appearances can help in arguing for a reasonable bond.

Out-of-State Drivers and Virginia Bench Warrants

Out-of-state drivers who receive Virginia summonses and do not appear face particular risks. Virginia reports failure to appear convictions to other states through the Driver License Compact, and the home state may suspend the driver’s license in their home state in addition to the Virginia suspension. The underlying Virginia case does not disappear; it waits until the person addresses it, which they will eventually need to do.

Virginia courts are accustomed to cases involving out-of-state defendants, and in many misdemeanor and traffic cases, an attorney can appear on the client’s behalf without the client traveling to Virginia. Whether this is possible depends on the specific charges and the judge.

Acting Quickly Matters

The longer a bench warrant remains outstanding, the more likely it becomes that the arrest occurs in circumstances outside the person’s control: a traffic stop, a background check, a knock on the door. Controlling the terms under which the warrant is addressed gives the person more options and more favorable positioning with the court.

If you have an outstanding bench warrant in Montgomery County or elsewhere in the New River Valley, consulting with a criminal defense attorney is the most effective first step. An attorney can assess the situation, communicate with the court, and help navigate the warrant, the FTA charge, and the underlying case in the most appropriate sequence.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.