Warrants are a common legal tool used in the justice system, but not all warrants are the same. Bench warrants and arrest warrants serve distinct purposes and carry different implications. Understanding these differences can help you respond appropriately if a warrant is issued in your name.
Here’s a breakdown of the five key differences between bench warrants and arrest warrants. Contact Law Office of Michael L. Fell at (949) 585-9055 to speak to a criminal defense attorney and request a free legal consultation.
Timing of Issuance
Arrest Warrants:
An arrest warrant is typically the first step in a criminal case. It is issued when law enforcement has probable cause to believe that someone has committed a crime.
Bench Warrants:
A bench warrant, on the other hand, can be issued at any point during a case. These warrants are often issued when a person fails to comply with a court order, such as missing a court date or violating probation.
Method of Issuance
Arrest Warrants:
An arrest warrant is issued only after law enforcement submits evidence to a judge or a grand jury indicts a suspect. The judge must be convinced there is probable cause to justify the warrant.
Bench Warrants:
A judge has the authority to issue a bench warrant without any request from law enforcement. For example, if someone fails to appear in court, the judge can issue a bench warrant immediately.
Who Can Be Named
Arrest Warrants:
Arrest warrants are specific to defendants in criminal cases. These warrants are tied directly to accusations of a crime, such as theft or assault.
Bench Warrants:
Bench warrants can apply to anyone who has violated a court order. This includes not only defendants but also witnesses who fail to testify as required.
Type of Alleged Crime
Arrest Warrants:
Arrest warrants address crimes committed outside of the courtroom. For example, they may involve charges like burglary, drug possession, or fraud.
Bench Warrants:
Bench warrants focus on violations of court orders. Examples include failure to appear for a scheduled hearing, not paying court-ordered fines, or committing a courtroom offense like perjury.
Likelihood of Being Recalled
Arrest Warrants:
Arrest warrants are rarely recalled. They remain active until the suspect is apprehended or voluntarily turns themselves in.
Bench Warrants:
A bench warrant can often be resolved by filing a motion to quash the warrant and complying with the court’s requirements, such as appearing for a missed hearing. Judges are more likely to recall bench warrants if the person takes immediate action to address the issue.
Consequences of Each Warrant
Arrest Warrants:
Convictions tied to arrest warrants often come with severe penalties, including significant jail time, fines, and a criminal record.
Bench Warrants:
While still serious, consequences for bench warrants are generally less severe. They often involve smaller penalties, such as brief jail time, fines, or additional court appearances.
What to Do If a Warrant Is Issued Against You
If you discover that a warrant has been issued in your name, it’s crucial to act quickly. Avoid panicking and follow these steps:
- Contact a Criminal Defense Attorney: A lawyer can help you understand the nature of the warrant and advise you on the best course of action.
- Avoid Ignoring the Warrant: Warrants do not expire. Ignoring one will only worsen your situation.
- Comply with Legal Requirements: If a bench warrant has been issued, work with your attorney to file a motion to quash and address the court’s concerns.
Take Control of Your Legal Situation
Whether it’s a bench warrant or an arrest warrant, having the right legal representation is critical to protecting your rights and minimizing the consequences. At Law Office of Michael L. Fell, our experienced criminal defense team is here to guide you through the process and fight for the best possible outcome.
Contact Law Office of Michael L. Fell at (949) 585-9055 today for a consultation and take the first step toward resolving your case with confidence.