The legal system can be complex and difficult to understand, hence even little errors might result in warrants. Still, not every warrant is made equal. Actually, you could come across two types of warrants: arrest and bench warrants. In this article we will discuss both of them to help you know the difference between them.
Arrest Warrant Explained
This refers to a court or magistrates’ authorization to apprehend someone accused of a crime. You can read this article to learn more about the authority of magistrates. Usually, it starts with a law enforcement agent who documents in great detail the reason why they feel someone has broken the law. They do this by completing a sworn declaration, or affidavit.
Should the court determine that there is probable cause suggesting a crime was perpetrated, the next step is taken. The court would provide a formal order, sometimes known as a warrant of arrest. This legal order enables police to locate and capture that particular person.
Although police investigating a crime usually initiate most of these warrants, others arise out of a grand jury indictment. Should a grand jury find an indictment against a person not currently under custody, the person has to be arrested. A magistrate or judge will sign an arrest warrant for the individual in question listed in the indictment. In these scenarios, the grand jury not the judge makes the decision whether or not probable cause exists.
Most criminal procedure laws in most states require magistrates or judges issuing an arrest warrant to:
- Indicate the name of the individual whose capture was authorized or, if not known, describe the individual in question.
- Specify the offense the person accused of doing.
- Sign the order.
Read also: The Difference Between Personal Injury Lawyers and Other Legal Professionals
Bench Warrant Explained
This is a formal directive from a judge telling law enforcement to locate someone and present them before the court. Because it is handed out by a judge seated “on the bench,” it is named such. When a defendant must be moved from prison or jail to a particular court for procedures, bench warrants are often employed. Sometimes people refer to this as “benched back.”
When a defendant disregards any judicial order, such as failing to show up in court or defying a legally issued subpoena, bench warrants also result. Under these circumstances, a judge may order what is known as a “writ of attachment.” You can visit https://www.usmarshals.gov/ to learn more about the writ of attachment. This document orders a peace officer to get a culprit or witness to court to testify or answer accusations of contempt
Main Difference Between Arrest and Bench Warrants
An arrest warrant and a bench warrant in differ primarily in their method of initiation. While bench subpoenas are normally started by a judge wishing someone in court, arrest orders usually begin at the police’s request engaged in an investigation. Still, both can cause an individual to be sentenced to jail. Therefore, they should not be ignored.
Events Following the Issuance of a Warrant
Following issuance, the warrant is an official order from the court and is filed in a database. Every law enforcement agent in the state will thus be able to legally arrest you anywhere, whether at home or business or during a standard traffic stop.
Although these court orders are somewhat prevalent, it is crucial to emphasize that law enforcement does not always depend on one to conduct an arrest. Police are permitted, for instance, to conduct warrantless capture and detention should they observe a crime, such stealing, a brawl in a bar or driving on the wrong lane. To keep a suspect in custody, though, the police had to persuade a judge in short order that the arrest had likely cause.
How to Know If You Have an Arrest Warrant
It’s very stressful to have to wait for the cops to find you and pick you up. You can check out Legal Powers, PLLC to learn the steps an attorney will take to help you in such a situation. So, if you think there is a warrant for you, then you really should see a seasoned defence attorney.
A competent attorney will be able to counsel you on what to do and how to deal with the court order. Their counsel will ensure you don’t go to jail. They will also guide you to ensure you escape the humiliation of getting arrested in a public place.
Usually, verifying the issuance of a bench subpoena for a certain individual is really simple. All you need to do is check public record. Conversely, often for a variety of reasons arrest orders are not public prior to an arrest. Police first and foremost object to going in to arrest someone knows what is about to happen.
Legal issues are often best handled by attorneys who are knowledgeable in the local law. If therefore you have an arrest warrant in Austin Texas, it only makes sense that you find a reputable law firm within this area, as this will increase your chances of getting the best that the law offers you.
Conclusion
Arrest and bench warrants are two different types of legal orders. To ensure they don’t confuse you, we’ve explained both of them in detail. With this information, you know what to tell your lawyer should you face any of them.
