The Difference Between Bench Warrants and Arrest Warrants
Many people don’t realize that bench warrants and arrest warrants are two different things. While both have the same end result, you get arrested, they’re handled in two very different ways.
What is an Arrest Warrant
Before an arrest warrant can be issued, a judge has to sign off on the document. This happens when a new crime has taken place and the police present the judge with enough evidence that you could have been involved. The arrest warrant doesn’t mean that you’re guilty, it simply means that a judge agrees that the police have a legal right to require you to speak to them about the case.
Something that some people don’t realize is if you’re arrested without an arrest warrant that summarizes the crime you’re suspected of or if there is insufficient probable cause to justify the arrest warrant. One of the things a good defense attorney looks at is the probable cause connected to the search warrant. If there wasn’t sufficient evidence, it’s possible they’ll be able to get the arrest warrant dismissed so you can go home.
What is a Bench Warrant?
A bench warrant is another warrant that gives law enforcement the right to arrest you but it’s not the same thing as an arrest warrant. Bench warrants are issued when you do something like fail to appear in court. Most police officers don’t actively go after people who have a bench warrant sworn out against them. A vast majority of people who have bench warrants issued for them are caught during traffic violations.
It’s not a bad idea to contact a criminal defense lawyer and ask for their help with the bench warrant. It’s likely that they will guide you through the process of contacting the court house and rescheduling.
If you suspect that a bench warrant has been issued for you, it’s in your best interest to be proactive about the situation. Rather than spending all of your time looking over your shoulder or stressing that each time you go a few miles over the speed limit you’ll be arrested, you should resolve yourself to settle the matter once and for all.
When dealing with an outstanding warrant, you seek out the services of a good defense attorney. Not only will they be able to confirm if there an outstanding warrant has been issued for you, but they will also help you through the initial booking process, help you decide how to handle bail, and guide you through the hearing.
You won’t believe how much better you feel once you’ve resolved all the legal issues surrounding an outstanding warrant and are able to resume your life without having to worry about being arrested.
The Difference Between a State and Federal Warrant
Most of us know that the police can’t simply walk into our homes and start searching it unless you’ve given them permission to do so, or if they’ve gone through the correct legal channels and acquired a warrant.
The same is true when it comes to arrests. While there are some exceptions, such as drunk driving, you usually can’t be arrested unless the police have an actual arrest warrant.
What you might not know is that there are both state/local arrest warrants and federal arrest warrants.
The biggest difference between a federal and state/local warrant is the law enforcement agency that is involved in your case.
If a federal warrant has been issued for your arrest, it means that you’re a suspect in a federal crime. To obtain a federal warrant, the agency working on the case must present a federal judge with sufficient evidence that you potentially committed the crime and that the crime is indeed a federal matter.
In some situations, trying to determine if a case is federal or state can be complicated. When this happens, a joint task force that consists of both federal agents and state officers is formed. The joint task force not only allows the different agencies to pool talent and resources but also makes it easier to obtain warrants.
How you should behave if there is a warrant for your arrest depends on how you learn about this information.
If you have heard (or suspect) that an arrest warrant has been issued, but the police haven’t actually knocked on your door, don’t even think about trying to run. Bolting will only make the situation worse.
The first thing you should do is contact a lawyer. Tell them what you know and ask for their advice. They will likely encourage you to turn yourself in. By contacting a lawyer before you’re formally arrested, you can keep them by your side throughout the entire process and make sure that none of your civil rights are violated.
Since the police aren’t currently hauling you to the police station, take a little time to get your personal affairs in order. This is a good time to contact a bail bonds agency and alert them that you’ll likely need a bail bond. If you have children or pets, take steps to make sure they’re properly cared for if you have to remain in jail for a few days. Lock up your home, and make your way to the police station.
If the police show up at your home with an arrest warrant, read the warrant and make sure all the information is accurate. If the information is accurate, calmly and quietly go with the officers. Don’t even think about trying to resist the arrest. Don’t answer any questions, take a plea deal, or discuss the case with anyone until your lawyer has arrived.