The 'Second Chance’ Warrant
Receiving a notice for a court date in Tulsa, Oklahoma is a serious obligation. Missing that date can trigger immediate anxiety about the consequences, with the primary fear being that a warrant has been issued for your arrest. While this is a valid concern, in certain situations, a judge may opt for a less severe, intermediate step: issuing a Bench Warrant Under Advisement.
Compared to an Active Bench Warrant
When a person fails to appear for a scheduled court hearing, a judge has the authority to issue a standard bench warrant on the spot. This is a direct order for law enforcement to arrest the individual and bring them to court. An active bench warrant means a person could be arrested during a routine traffic stop, at their home, or at their place of work.
If Our Attorney Appears
However, a Bench Warrant Under Advisement (BWUA) functions differently. It is essentially a first warning. The judge acknowledges the failure to appear, but chooses to hold the warrant in abeyance, giving the defendant a second chance to comply. This most often occurs when the defendant's attorney appears in court on their behalf and provides a reason for their client's absence.
Powerful Incentive to Come to Court
By issuing the warrant "under advisement," the judge is effectively saying, "Your failure to appear is noted, and a warrant is justified. However, I will not make it active at this time." Instead, the judge will set a new court date. The BWUA acts as a powerful incentive to ensure attendance.
Big Reward vs. Big Punishment
The conditions are straightforward: if the defendant appears at the newly scheduled court date, the case then proceeds as normal. However, if the defendant fails to appear a second time, the judge will almost certainly issue a bench warrant immediately. At that point, the individual faces not only the original legal issue, but also heightened consequences for repeatedly disobeying a court order, which can include a higher bond amount and less leniency from the court.
Importance of Communicating with Your Attorney
In essence, a Bench Warrant Under Advisement is a first and last warning. It is a critical opportunity to correct the mistake of missing court without suffering the immediate consequence of an active arrest warrant. It underscores the importance of communication with one's attorney and the absolute necessity of respecting the court's authority by attending all scheduled hearings.
Author: Brian J. Boeheim
Brought to you by: Boeheim Freeman Law - Criminal and Family Law - Tulsa, Oklahoma - 918-884-7791