Your Phoenix Criminal Defense Attorney request your free consultation

Posted on July 26, 2023 in Criminal Defense

What Is a Body Attachment? Is it a Criminal Charge?

A body attachment is a type of arrest warrant that courts issue for violations of specific court rules. It’s similar to regular arrest warrants in the sense that both instruct police officers to arrest you immediately.

However, it’s different because a body attachment isn’t necessarily linked with a criminal charge itself – rather, it’s directly tied to courtroom conduct breaches. But don’t be fooled; ignoring such an order can lead you into more trouble. Depending on the situation and the judge’s discretion, consequences may include high bail amounts or even criminal charges.

Reasons a Body Attachment Is Issued

The primary reason a body attachment is issued is because of a bench warrant. 

A bench warrant can be issued for multiple reasons – you may have missed a court date, violated probation terms, or failed to pay child support, fines, or other payments.

 When a body attachment is put into effect against you, it directly leads to your arrest. What happens next depends on the judge and prosecutor in charge of your case. They might choose to press criminal charges against you, consider revoking probation, or implement fines. 

What Are the Potential Penalties of a Body Attachment?

Following a body attachment, you could face criminal charges. This might include failing to appear in court or contempt of court for not respecting the authority and rules of the court.

Each of these is a serious offense with significant consequences, highlighting why professional legal advice is invaluable during such situations.

If you’re charged with contempt of court, you can be charged with a misdemeanor. Penalties may include a fine of $500 and potentially more if the charge is because you failed to appear in court when you were required to. 

 Additionally, if your contempt of court charge is related to a violation of conditions imposed due to a driving offense, like driving under the influence, your license may be suspended.

If you fail to appear in court, you can be charged with a Class 5 felony. Penalties include steep fines, and you could also face prison time of up to two and a half years. 

How a Phoenix Criminal Defense Lawyer Can Help With a Body Attachment Order

Ignoring or not complying with a body attachment order can have dire consequences, including possible arrest and incarceration. If you find yourself facing a body attachment, it is crucial that you enlist the help of a skilled criminal defense attorney immediately. 

Here’s how they can help you: 

Assessing the Validity of the Attachment

An attorney can help evaluate if the body attachment is valid. Sometimes, there might be mistakes with documents or procedures. If the attachment is found to be defective, the attorney can then file the appropriate motions to have it dismissed. 

Protecting Your Rights

An experienced attorney will ensure that your rights are protected throughout the process. They can help you avoid self-incrimination, advise you of your legal options, and help you understand the potential outcomes of the situation. 

Negotiating with the Court

Facing a body attachment can be intimidating, but a criminal defense attorney can act as your go-between in negotiating with the court. They can discuss the possibility of a payment plan, reduction of fines, or alternative options to satisfy the requirements of the body attachment order. 

Representing You in Court

Finally, your criminal defense lawyer will serve as your representative in court. This means they’ll speak for you and fight for your rights. They’ll present your case in the best way possible and question any evidence presented. 

Contact an Experienced Phoenix Criminal Defense Attorney If You’re Facing a Body Attachment

Having an attorney by your side ensures that you have someone who understands the legal procedures and can work towards getting the best possible outcome for you. If you’re faced with a body attachment in Phoenix, AZ, getting the right criminal defense attorney is crucial.

For more information, contact the attorney Craig Orent. Give us a call at (480) 6656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.

Search Our Site

Call Now Button