Finding out there is a warrant for your arrest can leave a person scared, or even paranoid about getting arrested at any time. Once you are informed of any warrant for your arrest, the best thing to do is find out as much information you can about your options! In many cases, turning yourself in, or talking with an attorney to arrange for you to turn yourself in is the best alternative to avoid being arrested in public. Until then, the warrant will remain in effect and fleeing, or hoping it expires will simply not resolve the problem. You need to contact a criminal defense attorney that will file a motion to place the matter on calendar and quash that warrant. You still need to address the charges that put you into warrant.
A bench warrant is issued directly from the judge when an individual misses a court date. It can be issued in both civil and criminal cases. Criminal cases that require a bench warrant are for defendants who do not appear in court. In a civil case, a bench warrant can be issued for a witness who is required to be in court by a subpoena. Bench warrants have also been issued in certain instances when a juror misses jury duty, or in child support cases when payments have not been made successfully.
After a bench warrant has been issued, the police will not necessarily conduct an automatic search for you. However, if you are stopped by the police for any reason you can be arrested. For example, if you are pulled over for a traffic violation, the police officer has the authority to arrest you and take you into custody for your warrant. Once you have been arrested, you will be brought before the judge who will decide what conditions have to be met to cure the missed court date. It is even possible to be detained until the judge’s conditions have been met, or until your next court date.
An arrest warrant is issued when a judge believes that there is probable cause that an individual has committed a crime. A judge may issue an arrest warrant based on evidence uncovered through a police investigation or testimony from a cooperating witness. If you are indicted for a crime by a grand jury, an arrest warrant may also be issued.
Unlike a bench warrant, if an arrest warrant has been issued against you and the nature of the crime is violent or otherwise serious, the police will actively search for you. You can and will be arrested wherever you are found and taken to jail until you can be arraigned by a judge. At arraignment the judge will then set bond or order you to be held until trial.
If you believe that you are the subject of a warrant, or have any questions about a potential warrant, call The Experienced Criminal Defense Attorney’s at The Pariente Law Firm, P.C.. (702) 966-5310