A bench warrant is a specific kind of arrest warrant issued by magistrates or sitting judges. Standard arrest warrants empower law enforcement officials (e.g. police officers) to arrest individuals for crimes. Bench warrants can be issued in both civil and criminal matters.
Why a bench warrant might be issued
- Contempt of court
For instance, maybe you disobeyed a judge’s order inside a courtroom or behaved disrespectfully. Alternatively, you ignored a jury summons and failed to show up for jury duty.
- Failure to make payments ordered by the court
Perhaps you owed substantial fees for traffic violations and tickets. Or maybe you drove with a suspended license after you got convicted of a DUI. Or maybe you did not make child support payments to your ex spouse.
- Failure to appear
If you fail to respond to a court summons, a judge may issue a bench warrant. Note that this document can be lifted if you had a legitimate reason for failing to show up. For instance, a medical emergency would qualify as an excuse.
Once a bench warrant has been issued, you may be subject to immediate arrest on sight. If you ducked out on a court appearance because you feared a guilty verdict or feared your sentencing, the court may forfeit your bail and you may be subject to a higher bail after your rearrest. If you are deemed a “flight risk,” you may be held without bail.
The officers who arrest you must adhere to strict procedure and respect your civil rights. If you are arrested in error – for instance, if a police officer fails to verify that you’re the person named on the bench warrant – you may have excellent resources not only to defend yourself against charges but also to hold the law enforcement officials accountable.
Dealing with Your Urgent Legal Crisis
If an arrest or bench warrant has been served against you, it’s critical that you respond appropriately and effectively. A qualified attorney, such as Newport Beach criminal defense lawyer Maltaise Cini, can help you strategize and execute a strategic response. For more than a decade and a half, Attorney Cini has gotten excellent results for her clients. Call her offices now at (949) 660-1389, or visit www.maltaisecinilaw.com to explore additional resources.