Why Bench Warrants are Issued For Your Arrest

By: David Rets

Bench warrants are issued in either criminal or civil court proceedings. Bench warrants are traditionally issued by sitting judges or magistrates. Bench warrants, once issued by a judge, authorize police agencies to pick you up -- at home, at work, at school, on the street, any time of the day or night -- and arrest you as they would arrest any other law-breaker. Bench warrants are often used as tools for fighting contempt of court, a willful disregard of a court order. Bench warrants are issued when a defendant fails to appear in court as ordered.

Bench Warrant An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain in attendance, at a hearing or trial. Bench warrant information is shared with the Department of Motor Vehicles which will suspend your license until the warrant has been recalled. A bench warrant is a variant of an arrest warrant, which authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of court – possibly as a result of that person's failure to appear at the appointed time and date for a mandated court appearance.

Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person has a bench warrant against them when stopped by a law enforcement officer, the authorities put them in jail and a hearing is held. Often, if a person is arrested on a bench warrant, the court declares them a flight risk (likely to flee) and orders them held without bail. A bench warrant, as one legal consultant noted wryly, isn't nearly as comfy as it sounds at first. It orders an alleged wrongdoer to show up in court voluntarily, or face "attachment" or "seizure" by law enforcement -- translation: arrest -- to force you to the "bench. Violate a court rule or an order of the court -- especially one that demands your appearance in court -- and you are subject to a bench warrant. Blatant indifference to a court rule, court order or court appearance is usually deemed "contempt of court" and a bench warrant is likely to follow on its heels.

There are virtually endless ways to show contempt for the court and get slapped with a bench warrant, whether you mean to or not. Be 15 minutes late or walk out before the bailiff says "adjourned" -- and you may find a bench warrant in your name the next time you check your mailbox. If you fail to show up, expect a bench warrant. Ignore the subpoena, and it is likely to be replaced by a bench warrant for your arrest. It's not uncommon for celebrities, unwillingly embroiled in legal disputes, to find themselves on the receiving end of a bench warrant for "failure to appear.

Bench warrants are issued for a number of reasons including failure to appear in court, failure to pay a fine, and failure to comply with court orders. Bench Warrants usually arise when someone is charged with a crime and then fails to appear at Court when directed. Bench warrants are a form of arrest warrants.

Article Source: http://www.newarticledaily.com

To find out if you have a bench warrant for your arrest Click Here! David Rets is an article writer who writes on various subjects such as how to check for arrest warrant For more information visit www.squidoo.com/HowToCheckForArrestWarrant

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