If you have a bench warrant in Colorado, you can be arrested at any time. Fortunately, judges often recall (“quash”) bench warrants as long as you do not have a long history of missing court.
The three steps to quashing a bench warrant in Colorado are:
- 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.)
- The judge recalls your bench warrant, and your underlying criminal case proceeds.
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:
- 1. Why did I get a bench warrant?
- 2. Will the police come after me?
- 3. Do I have a bench warrant?
- 4. How do I quash a bench warrant?
- 5. What if I get arrested?
- 6. Will I lose my license?
- 7. Can I travel?
- Additional Resources
1. Why did I get a bench warrant?
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. Will the police come after me?
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.
3. Do I have a bench warrant?
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.
4. How do I quash a bench warrant?
In order to quash a warrant, your attorney will need to:
- file a motion with the court asking for a court hearing, and
- attend the hearing to ask the judge to recall the warrant.
In most cases, your attorney can appear on your behalf without you having to show up to court.
Although you can do this process yourself without an attorney, it is not advised. If you appear in court while your bench warrant is outstanding, you risk the judge taking you into custody.
5. What if I get arrested?
If you are arrested on a bench warrant, the judge may let you out on bail or may decide to keep you in custody until your criminal case resolves. Factors the judge considers include:
- Your criminal history,
- Your history of failing to appear, and
- Your underlying charge.
The judge may also find you in contempt of court for defying court orders. This carries its own jail sentence, and you may have to pay:
- Fines,
- Fees associated with issuing the warrant, and
- Administrative court costs.
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. Will I lose my license?
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.
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.