A warrant lets the law enforcement officers take a specific action. You’ll see a few different types in the system. You don’t just get a bench warrant for someone who’s accused of a crime, though. Instead, it’s used when someone ignores a court rule or skips a court appearance. Judges usually issue these bench warrants right from the courtroom, without any push from the law enforcement officials.
The reason it’s called a bench warrant is because the judge creates it from the bench in the courtroom, usually for breaking a rule or missing court. This type of warrant gives the police officers the green light to arrest someone directly based on the judge’s order in court. Judges hand these warrants out when people miss their court dates or they skip jury duty.
Bench warrants can be used in both criminal and civil cases. Keep in mind that the police only use a bench warrant to arrest people for contempt, not for being suspected of a separate crime. Arrest warrants serve a different purpose. They come into play when someone is suspected of committing a crime.
When someone doesn’t show up for a court hearing, you can expect the judge to find them in contempt of court. Contempt of court covers any direct disobedience to the court. It also includes ignoring a court order. It covers situations where someone prevents the judge from doing their job. It also extends to actions that show disrespect toward the court.
How Is a Bench Warrant Issued? Is a Bench Warrant Only Used for Criminal Cases?
Once someone is found in contempt of the court but even before the judge actually issues a bench warrant, the judge will spell out the reasons for holding that person in contempt. As discussed before, when you miss a court date isn’t the only situation that could give you a bench warrant.
A bench warrant may also be disseminated for the various causes, like failure to appear for jury duty, failure to appear in court to testify after being subpoenaed to do so, failure to observe a restraining order, or failure to make child support payments according to a court ruling.
A judge can either give out a civil or a criminal bench warrant to you. The civil bench warrants come up when someone doesn’t pay a judgment that they owe to others.
You might run into a criminal bench warrant for many other reasons, such as when you don’t pay your court-ordered fines, when you break any of your probation laws, or if you miss a class that the court told you to attend, you could have an issue.
What Is an Arrest Warrant?
A police officer will usually start the process for an arrest warrant when they give the judge a statement that explains why they think the person has committed a crime. In other words, the officer is establishing “probable cause” to arrest the individual. If the judge finds this reason meets the standard, they’ll sign the warrant and then the police can move forward with the arrest.
You don’t have to worry about the officers needing to head to the court for a warrant every single time that they come across some criminal activity. In some places, an officer can just reach out to the on-duty magistrate by phone to request a warrant.
The officers mostly use an arrest warrant when they want to take someone into custody at their home. When you consider it, kicking down the door under normal, non-emergency conditions isn’t allowed, plus it wouldn’t be very respectful.
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What Transpires After a Judge Administers a Bench Warrant?
After a bench warrant is issued, the police treat it just like any other arrest warrant. They’ll start looking for you and plan to bring you in so you can face your charges in court.
How quickly this happens can depend on your local police force and how busy they are. Sometimes they can even move within a day. But it could also take a few days, weeks or even longer. As long as the bench warrant is still active, you should be ready for the possibility of an arrest at any time.
So what happens once someone gets arrested because of a bench warrant? And are there any ways to fight against being held in contempt of court?
After the arrest, your case moves forward like it usually does. You’ll need to show the court that you’re not in contempt. For example, if a case involved two people and one of them misses a court date, the judge could either dismiss the case or automatically side with the person who did show up in court (i.e., a default judgment).
Before this, the court has to make sure that all defendants get notified about their court dates. That could happen through certified mail or a process server handing it to you directly. If the court decides that you have fair notice and you still chose not to appear, you might run into a failure to appear charge.
As we mentioned earlier, this charge can lead to the court declaring you in contempt. At your hearing, you’ll get to explain to the judge why you missed your date or you can provide proof that you’re not in contempt.
A very common defense is that you missed court because something unexpected happened. Maybe you were in a car accident on your way there. Maybe you didn’t get the notice of the court date at all. Other reasons could include having another court date scheduled at the same time, suddenly becoming ill, facing a natural disaster like a hurricane or earthquake, or dealing with a death in your family. Try to bring some clear proof if any of these situations apply to you.
What Are the Consequences of Ignoring a Bench Warrant?
If your bench warrant is still active, the officers might just take you into custody. They can then also bring you to a cellblock and you’ll get released if you or someone else covers the bond.
If the bond isn’t paid then you’ll see a judge next. With the judge, a few things can happen. The judge might let you go and give you a new date to come back to the court. The judge may decide to keep you in custody or they might hold a hearing with you.
Do I Need an Attorney For a Bench Warrant?
A bench warrant means that you could face an arrest soon, so you’ll want to act fast to take care of it. Taking action early helps you stay away from or at least lower the chance of any problems at work or in your personal life.
You can also reach out to the judge or the county office by yourself. You’re not completely on your own here, though.
If you have a bench warrant, get in touch with a criminal defense attorney in your area. Someone with experience can talk you through the charges, explain your rights to you, and help you look at possible defenses that match your situation. A good attorney will also manage things for you in court if that situation comes up.
