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.
Many people may not even know there is a warrant of arrest sent out for them. Let our defense attorneys find out if there are warrants against you. This way, you will know the next course of action to take.
Additionally, we will help you determine if the warrant was legally obtained. Get Your Free Copy Now. Read All Reviews. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:.
A principle of the American criminal justice system is that all defendants are "innocent until proven guilty. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes , online solicitation of a minor , child pornography , DWI and intoxication manslaughter, fraud and theft , assault and family violence , and murder and homicide, as well as all types of federal crimes.
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An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. In most jurisdictions , an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.
Bench Warrant — Bench Warrant is a type of the arrest warrant. Having a warrant out for you can cause a lot of problems for your life — it can be a deterrent if you need to find a job, rent an apartment, or even if you get pulled over while driving. Warrants can wreak havoc on your life, regardless of the reason why there may be one out on you. A judge issues an arrest warrant upon probable cause, and this authorizes the police to arrest you and present you before the court. Sure, you could go into your local police station and simply inquire about a possible warrant under your name.
Below are the top 5 sites to help you tell if you have a warrant. A warrant or arrest warrant is a court order that directs police officers and other officials to arrest a certain individual. An officer must convince a judge that reasonable suspicion or probable cause exists and that a crime was committed to obtain an arrest warrant.
Arrest warrants serve the purpose of protecting people from unlawful arrests under the Fourth Amendment. Warrants usually include the crime the suspect is charged with, and the arrest may come with restrictions. For instance, an office may only be able to arrest a suspect within certain hours. A warrant might also give authorities the right to search and seize your property. In addition to having an arrest warrant, police must have a reason that the suspect lives at the home and will be present at the time of their entry.
Of course, an officer can enter a residence without a warrant to arrest someone in an emergency. If there is evidence presented in court or after a grand court indictment, a warrant is issued. An arrest warrant allows for a police officer to carry out the arrest and detainment of the suspect listed on the warrant.
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