Law & Legal & Attorney Criminal Law & procedure

Bench Warrant

A bench warrant, sometimes also known as an arrest warrant, is issued for a persons arrest when they are considered to be in contempt of court.
If a person fails to appear at a given court date or neglects to pay any outstanding fines that were accessed when they went to court they are now in contempt of court.
In the early years when someone was given a court date and did not bother to show up a capias was issued for the arrest of the person.
The capias would be issued because the judge was demanding that the accused be brought to him in order to deal with the charges.
Over the years the name capias was changed to a bench warrant.
Not just anyone can get a bench warrant issued for the arrest of someone.
There is a very strict process in order to get a warrant issued for another persons arrest.
With this particular warrant the judge is actually sitting on the bench when he issues the warrant.
The judge has two different ways for issuing a bench warrant.
If a person fails to appear in court then immediately after the case the warrant is put in place for their arrest.
The second way is if authorities have a felony that was committed then they have to get all the evidence and present everything to the judge.
The judge will read over everything and decide if there is enough evidence that says beyond a reasonable doubt the said person definitely was involved.
If the judge is convinced the evidence will hold in a court of law then a bench warrant will be issued.
If there is not enough evidence then the judge will deny the issue of the warrant.
Once the judge has given their approval for the warrant then it is given to the authorities.
The authorities enter all the information into their system and everything is in place until the person is apprehended.
There is only one way to clear up arrest records.
The person that has one has to be apprehended either by the authorities or they can turn themselves in.
If a person is stopped and questioned by the authorities, the name will be called into headquarters.
Once the information is entered into the system the bench warrant will appear and the person is immediately placed under arrest and taken to the police station for booking.
If a person decides they would rather not be arrested then they can contact an attorney.
The attorney will advise how to go about turning yourself in and will usually go with the person so the process will be quicker and they can get back out.

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