A warrant is a legal document issued by a court or judge authorizing law enforcement to make an arrest, conduct a search, or seize property. While both bench warrants and regular warrants authorize arrests, they differ significantly in their origin and circumstances. Understanding these differences is crucial for anyone facing legal issues.
What is a Regular Warrant?
A regular warrant, also known as an arrest warrant or a search warrant, is issued by a court after a judge has reviewed evidence presented by law enforcement or a prosecutor. This evidence demonstrates probable cause—a reasonable belief that a crime has been committed and that the suspect or location specified in the warrant is linked to that crime.
Key characteristics of a regular warrant:
- Issued based on probable cause: A judge must find sufficient evidence suggesting a crime was committed before issuing the warrant.
- Specifies the crime and suspect: The warrant clearly states the alleged crime and identifies the individual to be arrested or the place to be searched.
- Issued before an arrest: Typically, a regular warrant is issued before an arrest is made. Law enforcement uses it to justify apprehending the individual.
What is a Bench Warrant?
A bench warrant, on the other hand, is issued by a judge directly from the bench. This typically happens in response to a failure to appear in court or comply with a court order. It’s a consequence of contempt of court.
Key characteristics of a bench warrant:
- Issued for failure to comply with a court order: The most common reason for issuing a bench warrant is a defendant's failure to appear for a scheduled court hearing, trial, or other court proceeding. It can also be issued for failing to comply with other court orders, such as probation requirements.
- Issued after a court appearance is missed: Unlike a regular warrant, a bench warrant is issued after a missed court appearance. The court already has established jurisdiction over the individual.
- Does not require new probable cause: The judge already determined probable cause when the initial charges were filed. The bench warrant is simply a consequence of the defendant’s failure to comply.
- Can be issued for a variety of offenses: While often related to a prior criminal charge, a bench warrant can also be issued for civil matters, such as failure to pay child support.
Bench Warrant vs. Regular Warrant: A Comparison Table
| Feature | Regular Warrant | Bench Warrant |
|---|---|---|
| Origin | Issued by a judge after a review of evidence | Issued by a judge directly from the bench |
| Basis | Probable cause of a crime | Failure to appear in court or comply with a court order |
| Timing | Issued before an arrest | Issued after a missed court appearance |
| Purpose | Authorize arrest or search | Compel appearance in court or compliance with orders |
What Happens if You Have a Bench Warrant?
If you have a bench warrant, law enforcement can arrest you at any time and place, without further warning. It is advisable to contact an attorney immediately and arrange to turn yourself in to avoid a more serious situation.
What Happens if You Have a Regular Warrant?
If you have a regular warrant, law enforcement will likely attempt to locate and arrest you. The consequences vary depending on the nature of the alleged crime.
Can a Bench Warrant be Recalled?
Yes, a bench warrant can be recalled if the individual complies with the court's orders (e.g., appears in court) or demonstrates a valid reason for their non-appearance. This typically requires legal action.
This information is for educational purposes only and should not be considered legal advice. If you have any questions or concerns about a warrant, you should consult with a qualified legal professional.
