I have a bench warrant in Delaware County. What happens, and how do I clear it?

Last updated October 26, 2026.

A bench warrant is a judge's order to bring you to court, usually because you missed a court date or broke a bail condition. If you are picked up on one, Pa.R.Crim.P. 150 requires a hearing without unnecessary delay, and you cannot be held longer than 72 hours on that warrant without one (or until the close of the next business day, if the 72 hours end on a non-business day). The safer way to clear it is to act first: a lawyer can contact the court about lifting the warrant or arrange a prompt surrender and hearing.

This page covers court-case bench warrants in Delaware County, the summary-case version used at the district courts, and what happens to any bail that was posted. For the rest of the criminal process, see our criminal defense page.

Why was a bench warrant issued?

The rules give judges several reasons to issue one:

• A missed preliminary hearing. If you were notified and had no good reason for missing it, the district judge goes ahead with the hearing without you and, if the case is held for court, ask the Court of Common Pleas to issue a bench warrant (Pa.R.Crim.P. 543(D)(3)). If there was cause for the absence, the judge must reschedule instead and may not issue one (543(D)(2)).
• A broken bail condition. When a condition of the bail bond is violated, the bail authority may issue a bench warrant, and the hearing then follows Rule 150 (Rule 536(A)(1)(b)).
• A missed court date later in the case. In Delaware County, a local rule says that when a defendant fails to appear at formal arraignment or a pretrial conference, bail is revoked and a bench warrant is issued (Local Criminal Rule 303(i)). You must also be present at trial and sentencing, though an absence without cause does not stop the trial from going ahead (Rule 602).
• A summary case. A district judge must issue a bench warrant when you ignore a citation or summons that was personally served or sent by certified mail, and may issue one for unpaid fines and costs, but only after a notice and 10 days without a response (Pa.R.Crim.P. 430(B)).
• Probation. In Delaware County, Adult Probation and Parole requests bench warrants and detainers when needed. Those follow different procedures, explained on our probation violations page.

What happens after an arrest on a bench warrant, step by step?

1. The arrest. In Delaware County the Sheriff's deputies carry out bench warrants on the orders of the Court of Common Pleas, and an arrest can also happen in another county (Rule 150(A)(4)).
2. Jail if no judge is free. If the hearing cannot be held promptly, you are lodged in the county jail, and the jail must notify the court (Rule 150(A)(3)). For Delaware County that is the George W. Hill Correctional Facility in Thornton.
3. Arrest in another county. The jail there notifies the county that issued the warrant (150(A)(4)), and the time limit runs from when you are lodged in the issuing county's jail (150(A)(5)).
4. The hearing. The judge who issued the warrant, or one designated by the president judge, holds it, sometimes by video (150(A)(1) and (2)). Delaware County's own summary says people held on bench warrants or contempt orders have a hearing within 72 hours of arrest.
5. The outcome. At the end of the hearing the judge must vacate the warrant (150(A)(6)). If it came from a bail violation, the judge can also revoke release or change the conditions (Rule 536(A)(1)).
6. If no hearing happens in time. If there is no hearing within 72 hours, or by the close of the next business day when the 72 hours end on a non-business day, the warrant "shall expire by operation of law" (150(A)(5)(b) and (7)).

The full intake path, including the bail interview, is described in what happens after an arrest in Delaware County.

Which kind of warrant do I have?

How do I clear a bench warrant in Delaware County?

There is no form that makes a court-case warrant disappear on its own. In practice there are two routes, and a lawyer can tell you which one fits.

Ask the court before you are arrested. In Delaware County, the Criminal Administrator in Court Administration processes "bench warrant rescissions," criminal petitions and bail petitions, and schedules Rule 150 hearings. A defense lawyer can file the right petition with the court, explain why you missed the date, and ask the judge to lift the warrant and set a new date. Whether a judge agrees without an appearance depends on the case, the reason for the absence and your record of showing up. The offices involved are mapped in what to expect at the Delaware County Courthouse.

Arrange a surrender. If the judge wants you in court, a planned surrender is usually better than being picked up at work or during a traffic stop. Plan it on a business day, with your lawyer, so the hearing can happen quickly. The Sheriff's Office is in Room 101 of the Courthouse at 201 W. Front Street in Media (610-891-4296). If bail is set again, the ways to post it, including at the George W. Hill facility after hours with cash and ID, are in how bail works in Pennsylvania.

Summary cases are different. For a warrant over a traffic or other summary citation, or unpaid fines, the officer who serves it may accept the full amount stated on the warrant, or take you before the district judge for a hearing if you cannot pay (Rule 431(C)). The district court that issued it is listed in which Delaware County district court handles your case. What a summary conviction means for your record is in what a summary offense is.

What happens to bail that was already posted?

Rule 536 sets the rules. A violation can lead to revocation of release or new conditions, and the bail authority may first order you or your surety to explain why release should not be revoked; the reasons for any change must be stated in writing or on the record (536(A)(1)).

• Forfeiture. When money was posted and a condition was violated, the bail authority may order it forfeited, with reasons. A third-party surety's money can be forfeited only for a failure to appear (536(A)(2)(a)).
• Notice and time. Written notice goes to you and any surety, and the forfeiture is not carried out until 90 days after notice (536(A)(2)(b) and (c)).
• Relief. The bail authority may set aside or reduce a forfeiture "if justice does not require the full enforcement" of it (536(A)(2)(d)), which is why explaining a missed date quickly matters.

Counties handle the money locally. Montgomery County's Clerk of Courts says bail is refunded to the surety at the end of the case only if it is not forfeited, less an administrative fee; that county's process is in what to expect at the Montgomery County Courthouse. In Chester County, Pretrial Services interviews people who walk in on bench warrants, appears at Rule 150 hearings, and has investigators who contact defendants with bond forfeitures, have them report to the Bail Agency and present their cases for bail reinstatement; see what to expect at the Chester County Justice Center.

Is missing court a separate crime?

It can be. Under 18 Pa.C.S. 5124, a person released by court order, with or without bail, on condition of appearing at a set time and place commits a second-degree misdemeanor by failing to appear "without lawful excuse." It becomes a third-degree felony when the appearance was on a felony charge and the person fled or went into hiding to avoid trial or punishment. The section does not apply to appearances tied to probation, parole or a suspended sentence (5124(b)). The penalties for each grade are in our criminal penalties chart.

What changes the answer?

• Why you missed court. At the preliminary hearing stage, a good reason means a new date instead of a warrant (543(D)(2)), and a reason also matters for any 5124 charge and for forfeiture relief.
• The type of case. Summary warrants can often be resolved by paying the amount on the warrant; court-case warrants need a judge.
• Where you are arrested. An arrest outside the issuing county adds transfer time before the 72-hour clock starts (150(A)(5)). An arrest outside Pennsylvania falls under extradition law, not Rule 150 (Rule 150 Comment).
• Probation. A probation warrant or detainer follows the Gagnon process, not Rule 150.
• Who posted bail. A family member who signed as surety risks the money only for a failure to appear (536(A)(2)(a)).
• Your age. Witnesses under 18 have shorter time limits and cannot be held in an adult facility (Rule 151).

For example: a missed arraignment after a move

Here is a hypothetical. A man charged with a misdemeanor in Delaware County is released on bail and moves from Upper Darby to Chester County without telling the court. The notice of formal arraignment goes to his old address, he misses the date, and a bench warrant issues. A month later his sister, who signed as surety, receives a notice that the bail may be forfeited.

He calls a lawyer instead of waiting. The lawyer files a petition with the court explaining the missed notice, asks the judge to lift the warrant, and asks that the forfeiture be set aside. If the judge lists a hearing and he appears, the warrant is vacated and a new arraignment date can be set. Had he been stopped first, he could have spent up to 72 hours in custody, plus transfer time from Chester County, before a hearing. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with bench warrants?

• Waiting for the warrant to go away. The rule's expiration applies only after an arrest without a timely hearing (150(A)(7)).
• Not updating an address. Notices go to the address on file, so a move without telling the court can mean a missed date.
• Surrendering without a plan. A surrender arranged with a lawyer on a business day, when a judge is available to hold the hearing, can shorten time in custody.
• Ignoring a forfeiture notice. There are 90 days before it is carried out, which is time to ask for it to be set aside (536(A)(2)).
• Assuming a summary warrant is minor. Unpaid fines can still lead to arrest and a hearing (430(B)(3)).
• Explaining the case to the officer. Statements at the arrest can be used later; save the explanation for your lawyer and the judge.

What should I do this week?

1. Find your docket number, the charge and the date you missed, from any court notice or the online docket.
2. Write down why you missed court and gather proof, such as medical records or a mailing problem.
3. Give the court your current address through your lawyer.
4. If a family member posted bail, tell them and keep any forfeiture notice.
5. Call a defense lawyer to ask about a petition or a planned surrender; the checklist in the first week after a criminal charge covers the papers to bring.
6. Keep copies of every court notice and your lawyer's number with you until the warrant is resolved.

Frequently asked questions

Who serves bench warrants in Delaware County?

The county says the Sheriff's deputies carry out bench warrants on the orders of the Court of Common Pleas. Rule 150 also covers arrests made outside the county that issued the warrant.

Does a bench warrant expire on its own?

Not in the way people hope. Rule 150's expiration applies when someone arrested on the warrant does not get a hearing within the time limit; until it is served or vacated, treat it as active.

Can I clear a bench warrant without going to jail?

Sometimes. A judge may lift a warrant on a petition or schedule a prompt hearing after a planned surrender, but that is the judge's decision. Summary warrants can often be resolved by paying the amount on the warrant (Rule 431(C)).

Will I get a new preliminary hearing if it was held without me?

Not automatically. An absence without cause after notice is treated as a waiver of the right to be present (543(D)(3)); our page on what happens at a preliminary hearing explains what was decided there.

What if I was arrested on a warrant from another county?

The jail where you are held must tell the issuing county, and the hearing happens after you are moved there (Rule 150(A)(4) and (5)).

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about clearing a bench warrant.