When someone fails to meet the terms of a court order or requirement, the judge typically issues a bench warrant.
A bench warrant is a type of arrest warrant which gives law enforcement the authority to pick up the person the bench warrant is issued for and bring them to court to address the charges underlying the bench warrant.
Bench warrants are issued as a result of contempt of court, such as failing to appear when required. The penalties for contempt can be severe and that is why it is good to avoid it all together.
To file a bench warrant, the judge must have some sort of personal knowledge of the contempt that occurred. If there is no personal knowledge by the judge, then he or she must wait for someone to file an affidavit requesting the bench warrant.
The difference between a bench warrant and a more general arrest warrant is that an arrest warrant is issued when law enforcement reasonably believes that someone has been involved in a crime. The arrest warrant gives law enforcement authority to arrest that person so that they can be indicted and tried.
Usually someone can pay bail to get out of jail after an indictment hearing has been held, but the subject of a bench warrant may not be allowed to pay bail if the court determines that the person needs to be held in jail.
Our Los Angeles Criminal Defense Attorneyshave handled situation dealing with arrest warrants and bench warrants. Our motto for our clients is "Warrant Free". We do whatever we can to have your warrant recalled or quashed. We appear in court on your behalf and explain to the judge why you ma y not have been able to appear in court on a scheduled date and clear up any misunderstandings.
If you know that there has been a warrant issued against you,
Warrant Lawyers in L.A. and we will talk to you further and explain things further in detail.