Arrest Warrants and Bench Warrants

by BCheung on April 15, 2010

What is the difference between an arrest warrant and a bench warrant?

An arrest warrant is a Court ordered permission issued by the police to arrest the named individual. However, an arrest warrant is not necessary in all circumstances to arrest a specific individual.

A bench warrant is a warrant issued by the judge to order the defendant to show up in court after failing to appear in court when he/she received a summons or subpoena.

What happens if I failed to show up after receiving a bench warrant?

The Court can order a Writ of Attachment, the document by which a Court orders seizures of money and/or property prior to getting a Judgment in Court.

Failing to appear before the Court after receiving a bench warrant can also cause the Judge to issue Bail instead of Release On Recognizance, a release on your word promising that you will show up to Court at the appointed times, or increase bail to a greater amount to secure your appearance in Court.

Thus, it is extremely important to show up for all of your scheduled Court dates.

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