You know there’s a bench warrant out for your arrest. Maybe you found out through a friend, discovered it during a background check, or learned about it when you tried to renew your license. Now you’re facing a choice: keep looking over your shoulder or turn yourself in.
The uncertainty is eating at you. You want to do the right thing, but you’re terrified of what might happen. The biggest question on your mind: Will I go to jail if I turn myself in on a bench warrant?
If I Turn Myself In for a Bench Warrant, Will I Be Taken to Jail?
Yes, you will go to jail initially when you turn yourself in on a bench warrant in Georgia.
However, the amount of time you spend there depends on several factors, including whether a bond has been set, the type of charges you’re facing, why you have a bench warrant, and when you can get before a judge.
Under Georgia Code § 17-7-90, “every person so arrested shall be committed to jail until bail is tendered.” This means you’ll be taken into custody when you surrender, but you may be able to post bond and get released relatively quickly.
Here’s what typically happens:
If a bond has already been set on your warrant, you may be able to post it and get released within hours of turning yourself in. If no bond has been set, you’ll have to wait in jail until you can appear before a judge for either a bond hearing or a motion to lift the bench warrant. The good news is that turning yourself in voluntarily often works in your favor when judges consider bond and other consequences because you are clearly not a flight risk.
What Exactly Is a Bench Warrant?
A bench warrant is a court order issued by a judge authorizing law enforcement to arrest you and bring you before the court. It’s called a “bench” warrant because it’s issued from the judge’s bench, not requested by police like a regular arrest warrant.
Common Reasons for Bench Warrants
- Failure to appear in court for scheduled hearings, trials, or other proceedings is the most common reason for bench warrants.
- A Grand Jury has issued a warrant for your arrest on new charges for which you have not been previously arrested. Failure to comply with the terms of your probation may also result in bench warrants being issued against you.
- Skipping traffic court can result in bench warrants, even for minor violations.
How Bench Warrants Are Executed
When you get a bench warrant your name goes into a statewide computer system. You’ll be arrested if you have any contact with law enforcement, such as during traffic stops, accidents, or other encounters with police.
How Does the Surrender Process Work?
Before You Turn Yourself In
- Contact an attorney first if possible. A lawyer can often arrange your surrender and be present to protect your rights.
- Gather necessary documents, including identification, proof of address, and any documentation explaining why you missed court.
- Arrange for bond money if you know the amount, or have someone ready to contact a bondsman.
- Prepare for custody by arranging childcare, taking care of work obligations, and bringing necessary medications.
What Happens When You Surrender?
- You’ll be arrested and processed just like any other arrest, including booking, fingerprinting, and photographs.
- You’ll be taken to jail where you’ll wait until bond can be posted or you can see a judge.
- Bond may be available immediately if it was previously set on your warrant.
- You’ll get a new court date once you’re released or while you’re in custody.
How Can You Minimize Your Time in Jail?
Turn Yourself In Early
Surrendering early in the week and early in the day can help you get before a judge faster and potentially get released sooner.
Have Legal Representation
An attorney can arrange your surrender, be present during the process, and argue for a lower bond or other favorable conditions.
Bring Documentation
Medical records, employment verification, and other documents that explain your failure to appear can help your case.
Be Prepared for Bond
Having cash ready or a bondsman on standby can speed up your release once the bond is set.
FAQs
How long will I stay in jail?
If the bond is already set on a grand jury warrant, you might be released within hours. If your bench warrant is for missing court, you will likely stay in jail until a court date can be set on a motion to lift or vacate your bench warrant.
Can I avoid jail by turning myself in?
No, you’ll still be arrested and processed when you turn yourself in. However, you may spend less time in jail than if you’re caught later.
What if I can’t afford a bond?
You can use a bondsman who typically charges 10-15% of the bond amount, or we can file a motion to reduce your bond amount.
Will I get additional charges for the bench warrant?
Possibly. Some jurisdictions charge failure to appear as a separate offense, which can result in additional fines and penalties.
Can I turn myself in on weekends?
Yes.
What happens if I’m arrested instead of turning myself in?
You’ll go through the same process, but judges may view you less favorably since you didn’t surrender voluntarily.
Can my family post bond for me?
Yes, family members can post a cash bond or arrange for a bondsman on your behalf.
Will this affect my job?
Being arrested and missing work can affect your employment, especially if you’re in jail for several days waiting for a bond hearing. If you turn yourself in, you can hopefully communicate the issue with your boss or manager and salvage your job.
What if I have a medical condition?
Bring documentation of any medical conditions and necessary medications when you turn yourself in.
Can I negotiate with the court before surrendering?
An attorney may be able to negotiate the terms of your surrender or even get the warrant recalled in some cases.
Benefits of Voluntary Surrender
Judges Look Favorably on Voluntary Surrender
Courts generally view people who turn themselves in more favorably than those who hide and get arrested later. This can result in lower bonds, reduced penalties, or more lenient treatment.
You Control the Timing
By surrendering voluntarily, you can choose when to turn yourself in, allowing you to arrange childcare, work coverage, and other necessities.
You Can Prepare
Voluntary surrender gives you time to gather documentation, arrange for an attorney, and prepare for the legal process ahead.
You Avoid Embarrassing Arrests
Turning yourself in prevents the embarrassment and complications of being arrested at home, work, or during a traffic stop.
Don’t Let Fear Keep You Running
A bench warrant won’t disappear. Every day you wait increases your risk of arrest at the worst possible time. Yes, turning yourself in means jail time, but it’s often shorter than you think and leads to better outcomes than hiding.
Call J. Ryan Brown Law, LLC. We’ll help you surrender safely, minimize your jail time, and resolve your warrant professionally.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
