Arrest and Bench Warrants

If you have been arrested, you are probably wondering: if the police had the legal right to arrest you? Where did the authority to arrest me come from? If the arrest was done without a warrant, was it lawful? Understanding what these documents and procedures are is the first thing you can do to protect your rights as a defendant.

Arrest Warrants

An arrest warrant is the document giving law enforcement officers the legal right to arrest someone. A judge issues them when there is probable cause to believe the person named on the warrant committed an offense.

If there is a warrant out for your arrest, or you believe there could be, you should contact an attorney immediately. The attorneys at Miller & Hine can tell you your options and help determine if a warrant is currently issued against you.

Bench Warrants

A bench warrant is used by a judge for the apprehension of someone who has violated a court order and is therefore in contempt of court. It is different than an arrest warrant because the person named in the warrant is not being accused of a crime, but is being accused of offenses against the court. For example, if you refuse to show up to your court date for a speeding ticket, the judge may issue a bench warrant against you.

A bench warrant will authorize law enforcement to take the person named into custody and bring him or her in front of the judge.