Will I Go to Jail If I Turn Myself In on a Bench Warrant in Memphis, TN?

If you’ve found out there’s a bench warrant with your name on it in Memphis or anywhere in Tennessee, you’re probably asking one of the most important questions: Will I go to jail if I turn myself in? The answer depends on your charges, your criminal history, and how you handle the situation, including whether you have a lawyer by your side.

At Harvey Criminal Defense Lawyers, we help people deal with bench warrants before they spiral out of control. In this blog, we’ll explain what a bench warrant is, how it works in Tennessee, what could happen if you turn yourself in, and how to protect yourself legally.

What is a Bench Warrant in Tennessee?

A bench warrant is a court-issued order authorizing law enforcement to arrest you and bring you before a judge. It’s typically issued when you:

• Fail to appear for a scheduled court date
• Violate probation or bail conditions
• Ignore a subpoena
• Fail to pay court-ordered fines or child support

Unlike an arrest warrant based on suspected criminal activity, a bench warrant comes from the “bench”, in other words, a judge’s direct order due to a failure to comply with court procedures.

How Do I Know If I Have a Bench Warrant?

Many people don’t even realize a warrant has been issued until they:

• Get pulled over for a traffic stop and arrested on the spot
• Are denied bail in another matter
• Receive notice from a bonding company
• Check online or with the court

Here’s how to find out:

• Call the clerk’s office for the court that issued the warrant (e.g., Shelby County Criminal Court or General Sessions Court).
• Check online warrant databases (note: not all counties have public access).
• Ask your lawyer to discreetly check on your behalf.

Will I Go to Jail If I Turn Myself In on a Bench Warrant?

The short answer: You could.

But turning yourself in voluntarily, especially with an attorney by your side, dramatically improves your chances of avoiding jail or securing a quick release.

Here’s what influences whether or not you’ll be taken into custody:

1. The Type of Offense

• Misdemeanors: For low-level offenses like traffic violations or first-time missed court dates, the court may recall the warrant and reset your appearance.
• Felonies or probation violations: More serious charges are more likely to result in you being booked into jail, even temporarily.

2. How Long the Warrant Has Been Active

If the warrant is recent, the court may be more lenient. If it’s been outstanding for months or years, the judge may treat it more seriously.

3. Whether You Turn Yourself In With a Lawyer

One of the biggest factors is how you turn yourself in. If your attorney arranges it and appears with you in court, the judge is more likely to:

• Recall or quash the warrant
• Waive or reduce any bond
• Reset your court date without jail time

4. Your Criminal History

If you have a clean record or minimal prior offenses, you’re more likely to avoid jail. On the other hand, if you have previous bench warrants or failure-to-appear issues, jail is more likely.

What Happens If I Ignore a Bench Warrant in Tennessee?

If you don’t deal with the bench warrant, the consequences escalate:

• You could be arrested without warning, even during a traffic stop or routine ID check.
• The court may increase your bail, making it harder to get out.
• You may face additional charges like “failure to appear.”
• Your driver’s license could be suspended.
• If you’re on probation, your probation could be revoked.

Don’t wait for law enforcement to catch up with you. Voluntarily resolving a bench warrant shows the court that you’re taking responsibility.

Can a Lawyer Quash a Bench Warrant in Tennessee?

Yes. In some cases, your criminal defense attorney can file a motion to quash or recall the bench warrant. This is especially effective if:

• You missed court due to illness, transportation issues, or a misunderstanding
• You have no history of ignoring court obligations
• You act quickly to correct the issue

In some situations, your lawyer can appear on your behalf without you having to go to court or turn yourself in at all.

What Happens After I Turn Myself In?

If you do have to appear in court or go through booking, here’s what to expect:

• You may be processed and booked (fingerprints, photo, etc.)
• You may appear before a judge or magistrate the same day or the next business day
• The judge may:
  • Recall the warrant and set a new court date
  • Set or modify your bail amount
  • Order your release on your own recognizance (ROR)
  • Keep you in custody depending on the charge and circumstances

Having an attorney by your side increases your chances of:

• Spending less time in custody
• Receiving lower or no bond
• Avoiding additional charges

Should I Hire a Lawyer Before Turning Myself In?

Absolutely.

A criminal defense attorney can:

• Contact the court in advance to determine the nature of the warrant
• Arrange a surrender that avoids public arrest or prolonged custody
• File motions to quash the warrant
• Represent you at the hearing to argue for release or dismissal

At Harvey Criminal Defense Lawyers, we frequently help clients resolve warrants without jail time and work to fix the underlying issue (missed court date, unpaid fine, etc.).

Examples of Cases Where Jail Was Avoided

Missed Court Date on DUI: Client missed a court date due to a medical emergency. We filed a motion, presented hospital records, and the judge recalled the bench warrant with no jail time.

Unpaid Court Fine: Client forgot to pay a fine and moved out of state. A bench warrant was issued. We worked with the court to arrange payment and had the warrant quashed without the client returning to Tennessee.

Probation Violation: Client feared jail for a technical violation. We negotiated with the prosecutor, and the client turned themselves in with a pre-arranged bond. They were released the same day.

Frequently Asked Questions

How do I know if I have a bench warrant in Tennessee?

Call the clerk’s office in the county where the charge was filed, or consult with a criminal defense lawyer who can check for you.

Can I be arrested at work or home?

Yes. If you ignore a bench warrant, law enforcement can arrest you anywhere, including your home, job, or during a traffic stop.

What if I live out of state?

Tennessee may report your warrant to a national database. It could show up on background checks, affect your license, or result in extradition if you’re arrested elsewhere.

Will I get bail if I turn myself in?

In many cases, yes. Judges often reward voluntary surrender with favorable bail terms. Your lawyer can often pre-arrange bail or argue for release.

Don’t Wait. Deal With the Warrant Before It Gets Worse.

If there’s a bench warrant in Tennessee with your name on it, don’t ignore it. Turning yourself in with a criminal defense attorney by your side is the best way to protect your freedom and minimize the fallout.

Contact Harvey Criminal Defense Lawyers today for a confidential consultation. We can check the status of your warrant, explore your options, and help you handle it the right way.

You may not be able to undo the past, but with the right legal strategy, you can take control of what happens next.