Call us today for a free and confidential consultation to discuss your case. You will meet with a member of our criminal defense team who can explain the warrant removal process and any collateral consequences that you may need to deal with as well.
We will then prepare an argument that explains your absence to the judge, and accompany you to court. Dealing with an outstanding bench warrant can be a stressful process but with the right preparation and with an experienced defense attorney, it can be resolved efficiently and without disrupting your life.
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Free Consultation: Search Search. Is there a difference between a bench warrant and a regular arrest warrant?
Here's a mnemonic device to start you off: A "bench warrant" usually means someone didn't have their backside on the bench when they should have. That's the bench in front of the judge, not the park bench where pigeons can be fed. Speaking more technically, a bench warrant is issued by a judge when a defendant violates the rules of the court.
Most often, the defendant has simply failed to show up. Once a bench warrant is issued, however, the police can treat it like any other arrest warrant— and use it to bring the defendant back in front of the judge. By contrast, a police officer initiates the arrest warrant process, by filing a statement with the judge that explains why the officer believes that the person named has committed a crime in legalese, the officer is showing " probable cause " to arrest the person.
If convinced, the judge signs the warrant, and the police can make the arrest. This process doesn't police officers to run to court for arrest warrants for every purse-snatcher they see.
Many jurisdictions allow officers to call the on-duty judge to request a warrant, and many arrests do not require a warrant at all. The most typical use of an arrest warrant is when an officer wants to arrest someone in their home. Simply busting down the suspect's front door in such a non-emergency situation would be neither polite nor legal. The primary difference is that a judge has sole discretion over the bench warrant process from beginning to end, whereas a law enforcement officer petitions for an arrest warrant, which a judge then signs and issues.
Law enforcement files for an arrest warrant when they believe they have probable cause to arrest a person—for instance, video evidence depicting the person committing a crime. If the judge is convinced enough evidence exists for an arrest, she signs the warrant, permitting law enforcement to carry out the arrest. Following the issuance of a bench warrant, the police or local law enforcement treat it the same as an arrest warrant; they will attempt to track you down and arrest you, bringing you to court to face your charges.
Depending on the workload of the police where you live, this process may occur quickly, such as within 24 hours, or it could take days, weeks, or months.
But, as long as you have a bench warrant out, you can expect each day could be the day you are arrested. A bench warrant means you can be arrested at any time. After these documents are filed with the Court, the judge reviews the documents and decides:.
Generally speaking, if the judge finds that there was probable cause, they will issue an arrest warrant. However, the judge does also have the option of issuing a summons in lieu of an arrest warrant, which would mean that the person would receive communication from the Court by mail notifying them of their upcoming court date and commanding them to be present instead of issuing an arrest warrant, which would direct law enforcement to arrest the person and bring them before the judge.
Have a warrant out for your arrest? Contact Attorney Jennifer Ferris at today to schedule your free consultation. Once a warrant is issued, the warrant becomes active and law enforcement agencies are directed to arrest the person and bring that person in front of the judge.
Depending on the seriousness of the case and the jurisdiction, it is possible that law enforcement will come looking for the person. Jurisdictions such as North Las Vegas and Henderson will come to people's homes for cases as minor as misdemeanor traffic warrants.
At the very least, however, law enforcement is supposed to arrest a person with warrants if they otherwise come into contact with that person. If the police contact occurs within the same state as the warrant was issued, then it is very likely that the person will be arrested on the warrant. Even though the person was only stopped for speeding and would normally just be issued a citation and sent on their way, the officer is instead expected to arrest the person and take them to jail because of the outstanding warrant.
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