Law enforcement personnel seek and discover evidence they can use in a case when they employ a search warrant. However, search warrants differ from bench warrants and arrest warrants. Arrest warrants and bench warrants are used to detain suspects.
Let’s say a police officer gets you a bench or an arrest warrant. Then both of these situations are serious, and you should contact our team at McCord Law immediately for assistance.
What Is A Bench Warrant?
So to learn about what a bench warrant is typically obtained by law enforcement when there are ongoing legal matters or court orders that you need to comply with. When someone misses court, a bench warrant is often issued.
The police have the right to arrest you after obtaining a bench warrant. The police will either release you on your recognizance or detain you until a court decides what restrictions apply to your release.
Why Would a Bench Warrant Be Issued?
Bench warrants are typically issued by a judge if someone:
1- Refuses to comply with a summons to appear in court
2- Misses a hearing that is set
3- Violates a court order
Your immediate arrest is permitted by a bench warrant issued in your name. You may be detained by law enforcement and ordered to appear in court.
What Is An Arrest Warrant?
A person accused of committing a crime is to be taken into custody under the instructions of an arrest warrant. When a court or magistrate decides there is sufficient evidence to support an individual’s guilt of a crime, they sign an arrest warrant.
Bench warrant vs. arrest warrant
You must know bench warrant vs. Arrest warrant as a situation where a court issues a bench warrant instead of an arrest warrant is one of their main distinctions. An arrest warrant gives police the authority to detain a particular suspect who has been charged with a crime. Rather than for unresolved court infractions, such warrants are typically issued for brand-new criminal prosecutions. Before an arrest may be made, the warrant needs to be supported by probable cause. A court typically requires an affidavit from law enforcement before issuing an arrest warrant.
If law enforcement officers contact you, they can place you under arrest based on an arrest warrant. An arrest warrant must first be approved by a judge before it may be executed. Typically, an arrest warrant is issued when a new offense is thought to have occurred
It would help if you first were “booked” at a police station for processing before the government may accuse you of a new crime. The cops can correctly identify you after processing you. The police must take your fingerprints and mugshot so they may enter them into a police database.
Booking may be a rather intrusive procedure. The details of an arrest warrant are crucial because of this. The arrest warrant justifies your arrest. An arrest warrant must support your suspicion of committing a crime. Arrest warrants must, above all, establish probable cause for your arrest. According to a legal standard known as “probable cause,” the police must establish the existence of a crime and your probable involvement in it. If you were arrested but not charged with a crime for which there was no probable cause, you might be entitled to challenge the validity of the arrest.
Additionally, a bench warrant gives police the power to detain you. Bench warrants differ from arrest warrants because judges typically issue them when you fail to attend court. You often need to sign a notice to appear in court before your court appearance. The court may occasionally mail you a notice to appear in court. In certain situations, the judge may issue a bench warrant for your arrest as you were already informed of your court date.
Bail Reform Act (BRA)
You may be charged with a new offense under the Bail Reform Act (BRA). Superior Court if a bench warrant has been issued for your arrest in connection with an ongoing criminal case and you have previously signed a notice to appear in court. Mandatory minimum jail terms apply to BRA charges. Because of this, it’s crucial to keep bench warrants to a minimum when dealing with criminal allegations.
How long do you stay in jail for a bench warrant?
A person arrested or detained on a bench warrant can be held unlimitedly in custody. A defendant who is awaiting trial can be detained until the case is resolved. People arrested for missing court or disobeying a court order may be detained in jail until they comply with the court’s orders.
How much jail time can a bench warrant carry for a criminal defendant?
A bench warrant can imprison a prisoner until the conclusion of their criminal trial. This usually takes a while. The accused person might spend more time in jail if found guilty of the primary offense that generated the warrant.
Bench warrants don’t come with any jail term by themselves. Arrest warrants function similarly.
However, the suspect or defendant is taken into custody after the warrant is carried out. They will be detained in jail until they can be taken before a judge.
Depending on the jurisdiction, this must occur in a short period. It must occur within 48 hours. There will be one bail. The offender will be detained until the day of the trial for the offense that resulted in the warrant being issued if bail cannot be posted. This may continue for a while.
If the defendant is found guilty of the crime that gave rise to the warrant issuance, they will also be required to serve jail time for that offense.
Bench warrants are typically issued for:
1- Contempt of court
2- Failure to appear, also known as FTA.
How much does it cost to lift a bench warrant?
After knowing about what is bench warrant, several potential fees must be considered while resolving an open bench warrant. These consist of the following:
Possible fees and fines
You could need to make restitution in the form of penalties and costs related to the offense, depending on the specifics of the bench warrant. You can be required to pay the fine together with any additional costs or penalties related to the infraction, for instance, if the bench warrant was issued due to your failure to pay a traffic ticket. You can also be sentenced to extra penalties or fees if you are found guilty of the offense for which the bench warrant was issued.
Legal Advisory Services
You might need to engage a lawyer to represent you in court if you’re being investigated on criminal charges linked to your bench warrant. The cost of legal representation can be high, and the amount charged will vary based on the lawyer and the case’s complexity. It’s crucial to compare and shop around for lawyers to locate one that suits your needs and budget.