If you have a bench warrant in Colorado, you can be arrested at any time. Fortunately, judges often agree to recall (“quash”) bench warrants without jailing you as long as you do not have a long history of missing court.
You cannot just pay the court to get your bench warrant quashed. First, you or your attorney has to appear in court personally. Then, the court may impose conditions for quashing the warrant, such as you
- posting bail or
- paying any outstanding fines.
The following flowchart shows the three steps to quashing a bench warrant in Colorado:
It is important that you contact an attorney as soon as you learn that a bench warrant has been issued. If you get arrested before the warrant can be quashed, you risk being held in jail during the pendency of your criminal case. You could also lose your driver’s license.
Bench warrants should not be confused with other types of Colorado warrants, as this chart illustrates:
| Warrant | Purpose | Issued By | Based On |
| Bench Warrant | To arrest someone who failed to appear in court or comply with court orders. | Judge | Failure to appear in court or follow court orders |
| Arrest Warrant | To arrest a person suspected of committing a crime. | Judge or Magistrate | Probable cause to believe someone committed a crime |
| Search Warrant | To search a specific location for specific evidence of a crime. | Judge or Magistrate | Probable cause to believe evidence is present |
In this article, our Colorado criminal defense lawyers will address the following bench warrant topics:
- 1. Reasons for Bench Warrants
- 2. Do I have one?
- 3. Getting Arrested
- 4. Quashing the Warrant
- 5. Bail
- 6. Can I drive?
- 7. Can I travel?
- Frequently Asked Questions
- Additional Resources
1. Reasons for Bench Warrants
The most common reason for getting a bench warrant in Colorado is that you missed a required court appearance. This is called “failure to appear” or “FTA.”
However, judges can issue bench warrants at any time they believe you defy a court order, such as:
- missing a fine or child support payment,
- contacting the “protected person” in a protective order,
- violating the terms of your bail or probation release, or
- not showing up for jury service.1
2. Do I have one?
If you missed court or violated a court order in Colorado, chances are high that the judge issued a bench warrant for your arrest. Courts usually do not mail you a notice when a warrant is issued.
You can check your warrant status by searching the court database online. Otherwise, contact a criminal defense attorney to check for you.
People with an outstanding bench warrant may be arrested at any time.
3. Getting Arrested
If you have an open felony case and receive a bench warrant, the police will likely search for you, especially if the felony was for a violent offense.
If your case involves a misdemeanor or traffic offense, your name is entered into a statewide database. Then, if you get pulled over for a traffic stop and the police run your name, they will arrest you once they see your warrant.
4. Quashing the Warrant
The three steps to quashing a bench warrant in Colorado are as follows:
- Your attorney files a ” motion to quash” in the court that issued the warrant.
- Your attorney attends a court hearing and argues that the warrant should be recalled. In misdemeanor cases, you usually do not have to attend yourself as long as your attorney is there.
- The judge recalls your bench warrant, and your underlying criminal case proceeds.
You can take on this process without an attorney, but your odds of going to jail are much higher. If you “surrender” in court at your warrant quash hearing – which you have to do if you do not have a lawyer – you risk the judge immediately ordering you into custody.
5. Bail
If you are arrested on a bench warrant, the judge may either let you out on bail or keep you in custody until your criminal case is resolved. The judge will consider:
- your criminal history,
- the underlying charge, and
- whether you have a history of failure to appear.
If you do bail out, you will be given another court date. If you fail to appear as required, you then:
- forfeit your bail amount and
- face another bench warrant.2
6. Can I drive?
Usually yes. Due to House Bill 21-1314, the Colorado DMV may not suspend your driver’s license solely due to outstanding warrants for traffic or municipal violations or failure to pay fines (called “OJW” holds for “outstanding judgment warrants”).
However, having a bench warrant for failure to pay child support can trigger a license suspension under C.R.S. 42-2-127.5.
7. Can I travel?
While your bench warrant is outstanding, you should avoid any travel, especially flying. Airports and border agents may run your name and take you into custody once they see your warrant.
Traveling with an outstanding warrant will give the appearance that you were trying to flee justice, even if you did not intend to. Instead, contact an attorney right away to have the warrant quashed.
Judges typically issue bench warrants to defendants who miss court.
Frequently Asked Questions
How do I find out if I have a bench warrant in Colorado?
You can contact the clerk of the court where your case was filed to ask whether a warrant is active. Many counties also provide online case lookup tools, though not all warrants appear publicly online. A criminal defense attorney can verify your status confidentially and advise you on how to resolve the warrant safely.
What happens if police discover a bench warrant during a traffic stop?
If an officer runs your name and finds an active bench warrant in the statewide system, you can be arrested immediately and taken to jail. You will typically remain in custody until you appear before a judge, who will decide whether to reinstate bond, increase bond, or hold you in custody.
Will I lose my bond if I miss court and a bench warrant is issued?
Possibly. If you fail to appear while out on bond, the court may forfeit your bond and issue a new bench warrant. The judge may also increase bond, impose stricter release conditions, or revoke bond altogether after the warrant is resolved.
Should I ignore a bench warrant and hope it goes away?
No. Bench warrants do not expire on their own. There is no grace period. Ignoring a warrant increases the risk of arrest during a routine traffic stop, background check, or police contact. Courts treat unresolved warrants seriously.
Can a lawyer help recall a bench warrant without me going to jail?
In many cases, yes. An attorney can file a motion to quash (recall) the warrant and arrange a court appearance. Depending on the circumstances and the judge, this may reduce or avoid jail time. Every case is different, and outcomes depend on the facts and the court involved.
What Colorado law allows a judge to issue a bench warrant?
A court may issue a bench warrant if a person who was properly arrested, cited, or served with a summons then fails to appear in court as required. Courts may also issue bench warrants when someone violates probation, bail conditions, payment obligations, child support orders, or other judicial directives.
Do bench warrants expire in Colorado?
No. Bench warrants remain active indefinitely until you are arrested or the court recalls (quashes) the warrant.
Are bench warrants only issued for missing court?
No. While failure to appear is the most common reason, judges may also issue bench warrants for:
- Failing to pay fines or restitution,
- Violating probation terms,
- Violating bond conditions,
- Failing to comply with child support orders,
- Disobeying other court orders, or
- Failing to appear in certain civil proceedings.
What happens if I am arrested on a bench warrant?
If arrested, you will be brought before a judge. The court may:
- Reinstate bond,
- Increase bond,
- Revoke bond,
- Hold you without bond in certain cases, or
- Impose additional penalties for failure to appear.
Resolving the warrant quickly often improves your position before the court.
Do police actively enforce bench warrants in Colorado?
Yes. Active bench warrants are entered into statewide law enforcement databases. Officers routinely discover them during traffic stops, calls for service, or background checks. A warrant can lead to arrest anywhere in Colorado.
Can a bench warrant affect my record or employment?
Yes. An active bench warrant may appear in background checks and court records. It can impact employment opportunities, professional licensing, and travel until it is resolved.
Additional Resources
For more information on warrant checks, refer to the following:
- SearchQuarry.com – Public record provider with warrant searches by name, city or county.
- Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
- PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
- CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.
Legal References
- See C.R.S. 16-2-110; see, for example, Kinney v. People (Colo. 2008) 187 P.3d 548; see also People v. Garcia (Colo. 2024) 550 P.3d 637.
- See, for example, People v. Antonio-Antimo (Colo. 2000) 29 P.3d 298.