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Bench vs. Arrest Warrants

By Hager & Schwartz, P.A.

August 3, 2021

The circumstances of a bench warrant and arrest warrant are very different.

Bench Warrants

If you missed a mandatory court appearance, you might have a bench warrant. You may also have a bench warrant if you have violated a condition of your probation. Once the bench warrant is issued, the police can arrest the defendant and bring them before the judge.

You may be completely unaware that you have a bench warrant. For example, you may never have gotten a mail notice that you were required to show up in court. Unfortunately, the judge and police don’t know about this miscommunication. The first time you hear of your warrant may be when you’re being taken into custody.

Arrest Warrants

Arrest warrants are more serious than bench warrants. If the police believe that you have committed a crime, they can request an arrest warrant from the judge. If the judge also believes there is sufficient evidence that you have violated the law, they will grant the arrest warrant. This means that the police can arrest you at any time.

Something important to note is that an arrest warrant is not required for every arrest. Usually, arrest warrants are used for misdemeanor offenses not committed in front of an officer, or in cases where there has been an investigation before arrest.

People are not required to be notified about an arrest warrant. In many cases, the element of surprise is wanted by police officers when making the arrest so that the suspect cannot run.

Think You Have A Warrant?

If you think you may have a bench or an arrest warrant, contact a defense attorney as soon as possible. An attorney can help confirm or deny your suspicion.

If you do end up having an active warrant, an attorney can help you further. If you have a bench warrant, an attorney can help you work to resolve this issue without an arrest being made.

If you have an active arrest warrant, an attorney can help advise you on your next best steps and begin working on your case early.

Daytona Beach Criminal Defense

Contact Hager & Schwartz, P.A. today to start building your defense. If you have current or suspected warrants, have violated parole, been unable to pay court-ordered fines or more, we can help. Schedule a free initial consultation today so our Volusia County defense lawyers can learn more about the circumstances of your case.