How to Lift a Bench Warrant or Capias for Missing Court in West Virginia Criminal Court
Missing a court date can lead to serious consequences, including the issuance of a bench warrant or capias for your arrest. If you've missed a scheduled hearing in West Virginia and a bench warrant or capias has been issued, you may feel overwhelmed and unsure of what steps to take next. But there are ways to address the situation, and with the right legal guidance, you can work to resolve the issue and get back on track with your case.
At Frank Walker Law, we understand that missing court dates can happen for a variety of reasons. Whether it was due to an emergency, a misunderstanding, or some other circumstance, there are ways to lift a bench warrant or capias and take the necessary steps to handle the situation. In this blog post, we'll explain what a bench warrant and capias are, why they’re issued, and what you can do if one is issued against you in West Virginia.
What Is a Bench Warrant or Capias?
Before we discuss how to lift a bench warrant or capias, let’s first break down what each term means.
Bench Warrant: A bench warrant is issued by a judge when someone fails to appear for a scheduled court date. The name comes from the judge’s “bench,” or the seat from which they preside over court proceedings. A bench warrant authorizes law enforcement to arrest the individual and bring them before the court.
Capias: A capias is similar to a bench warrant but is more specific in its purpose. A capias is typically issued when someone is charged with a criminal offense, and they fail to appear in court after being formally summoned or issued a citation. The capias is a legal order to arrest and bring the person before the court.
Both of these orders are serious, and failing to address them can result in additional criminal charges, higher bail amounts, or even jail time. But don’t panic—there are steps you can take to resolve the issue.
Why Are Bench Warrants or Capias Issued?
A bench warrant or capias is generally issued for the following reasons:
Failure to Appear (FTA): If you miss a scheduled court date without notifying the court or having a valid reason, the judge may issue a bench warrant or capias for your arrest.
Failure to Pay Fines: If you were ordered to pay fines or restitution and failed to do so, a capias could be issued.
Violation of Probation or Parole: If you are on probation or parole and miss a court hearing or fail to comply with conditions set by the court, a bench warrant or capias could be issued as a result.
Missing court—whether intentionally or not—can create a ripple effect that impacts your case and potentially leads to further charges and consequences. However, all is not lost. Here’s how you can lift the bench warrant or capias and work to resolve the situation.
Steps to Lift a Bench Warrant or Capias in West Virginia
If a bench warrant or capias has been issued for your arrest due to a missed court date, you should take immediate action to address the issue. Here’s what you can do:
1. Contact an Experienced Criminal Defense Attorney
The first thing you should do is contact an experienced criminal defense attorney. An attorney will be able to guide you through the process and help you understand your rights and options. Attempting to resolve the issue on your own without legal representation could lead to further complications, including additional charges or complications with your case.
An attorney can help you request a new court date and present any reasons you missed the original date in a way that may minimize the consequences. A legal professional may also be able to negotiate with the court or prosecutor to help resolve the issue without an arrest.
2. File a Motion to Quash the Bench Warrant or Capias
In some cases, your attorney may be able to file a motion to quash the bench warrant or capias. A motion to quash is a formal request to the court to cancel the warrant or order, typically because there was a legitimate reason for missing the court date.
Common reasons for quashing a warrant:
Medical emergencies: If you missed court because of an illness, injury, or hospitalization, you may need to provide medical records as evidence.
Miscommunication or confusion: If you were not properly notified of the court date or there was confusion about the time or location, you may be able to argue this before the court.
Emergencies or unavoidable situations: For example, if there was a family emergency or a natural disaster that prevented your attendance, you may be able to use that as a reason for missing court.
Your attorney will help you prepare the necessary evidence and arguments to present to the judge, increasing your chances of successfully lifting the warrant.
3. Surrender Yourself to the Court
In some situations, especially if you have already been contacted by law enforcement or if a capias has been issued, it may be in your best interest to surrender yourself to the court. This can demonstrate to the judge that you are taking responsibility for missing your court date and are committed to resolving the matter.
When you surrender, the judge may be more likely to grant you a reduced bond or offer other accommodations to resolve the situation. Keep in mind that the longer you wait to address the warrant, the more likely it is that law enforcement will attempt to arrest you, which could make the situation worse.
4. Request a New Court Date
If you were unable to attend court for a legitimate reason, your attorney can request that the court grant you a new court date. This can be part of the process of quashing the bench warrant or capias, or it can be a separate step to allow you to resolve the case without facing further complications.
Your attorney will help ensure that the request is made promptly and that any additional charges or penalties (such as higher bail or extended detention) are minimized.
5. Attend the New Court Date
Once the bench warrant or capias has been lifted, it’s critical that you attend your new court date. Missing court again could lead to even more serious consequences, including additional criminal charges or extended jail time. If you are facing challenges in attending court—such as travel issues, financial constraints, or other obstacles—make sure to discuss them with your attorney so they can help arrange accommodations or alternatives.
How Can Frank Walker Law Help You Lift a Bench Warrant or Capias?
At Frank Walker Law, we understand how distressing it can be to have a bench warrant or capias issued for your arrest. If you missed a court date and are facing a bench warrant or capias in West Virginia, our experienced criminal defense team is here to help you navigate the process and minimize the consequences.
Here’s how we can assist:
Filing a motion to quash the warrant or capias on your behalf.
Negotiating with the court to help reduce bail or release conditions.
Guiding you through the process of surrendering and attending a new court date.
Advocating for a favorable resolution of your case and minimizing further penalties.
If you’ve missed a court date and a bench warrant or capias has been issued for your arrest, don’t wait to take action. Contact Frank Walker Law today at (304) 345-4100 or schedule a free consultation online. Let us help you lift the warrant and move forward with your case in the best possible way.
Your future matters—let us fight for you.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.