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?
- 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 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 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 get a bench warrant, police will likely search for you – especially if the felony was for a violent offense.
If your case is for a misdemeanor or traffic offense, your name just goes 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. 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 following graphic shows factors the judge considers:
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?
Courts may notify the Colorado Motor Vehicle Division (DMV) when you get a bench warrant on a traffic violation. The DMV may then revoke your license until the matter is resolved in court.
Even after your warrant is quashed, you will need to go through the process of reinstating your driver’s license. This involves paying a $95 reinstatement fee.
If you have a driver’s license issued by another state, the Colorado DMV may notify your home state about the case. Your home state DMV may then revoke your license.
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 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.
Additional Resources
For more information on warrant checks, refer to the following:
- National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
- 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 CRS 16-2-110; see, for example, Kinney v. People (2008) 187 P.3d 548.
- See, for example, People v. Antonio-Antimo (2000) 29 P.3d 298.