Warrants might be a familiar term to your ears, but you must be unaware of the different types of warrants issued. A warrant is an authorization given to police or other law enforcement personnel to arrest a person, comb the property, or carry out other tasks against a person. Often, individuals use arrest warrants and bench warrants interchangeably, but there is a primary difference between them.
After you know a warrant has been issued against you, immediately contact an ND Criminal lawyer. Otherwise, you might need help to protect your interest and exercise your rights. You must know the difference between an arrest warrant and a bench warrant to ensure that law enforcement personnel’s tasks are constrained to their authorization.
About bench warrant
A judge issues a bench warrant against an individual for contempt of court or violating the court’s orders. For example, a bench warrant can be issued against a person if they fail to appear at the court on scheduled hearing time. Law enforcement gets the right to search and present you before the judge. Since the warrant is issued from the judge’s bench, thus, the name is a bench warrant.
When a bench warrant gets issued
Law enforcement gets the right to arrest you instantaneously after a bench warrant gets issued by the judge in your name. The personnel will make appearances in court after taking you into custody. Due to the scenarios below, a bench warrant can be issued in your name.
- Failing to appear in court on the scheduled time of the hearing
- Failing to abide by the orders of the court
- Disregard the subpoena to show up in court
You should consult an ND criminal lawyer after the warrant is issued in your name to help you to know your options and guide you with further steps.
Arrest Warrant
Arrest warrants authorize law enforcement personnel to arrest a person and take them into custody. Once the police collect substantial evidence against an individual that makes them probable for committing the crime, a magistrate or judge signs an arrest warrant and gives the authority to the police to interrogate them.
An arrest warrant is issued for a person accused of committing a crime, and bench warrants are issued for violating the court’s order. An arrest warrant is for a new criminal case, and a bench warrant is issued for the pending case.
What should you do after a warrant is issued?
Contacting an ND criminal lawyer is imperative if a warrant has been issued against your name. Never dissent or contempt the law personnel, as it can put you in a bigger problem. If an arrest warrant is issued in your name, do not sign any papers until your lawyer advises you. Do not take any step recklessly.
Bottom Line The arrest and bench warrant is issued for different reasons, but consulting a lawyer is crucial in both cases. Disobeying the warrant can put you in big trouble. Hence, cooperate with law enforcement personnel. Be prudent and discreet with what you speak during the interrogation.
