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  1. #1
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    Nov 2005
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    Default Bench Warrant or Arrest Warrant

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

  2. #2
    Join Date
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    Default Bench Warrant v Arrest Warrant

    An arrest warrant is issued based upon there being probable cause to arrest the subject of the warrant for a criminal offense.

    A bench warrant is issued by a court in which an action is pending, usually due to a party's failure to respect a subpoena or order to appear for a court hearing.

  3. #3
    Join Date
    Sep 2005
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    California
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    Default

    And both can result in a ride to jail.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Nov 2005
    Location
    California
    Posts
    31

    Default Arrest warrant vs. bench warrant

    When you have a bench warrant out for you, what are the legal ways they can arrest you? Can they just come to your house or do you need to be caught doing something wrong?

  5. #5
    Join Date
    Nov 2005
    Location
    California
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    31

    Default arrest vs. bench warrant

    Another thing I would like to know, when i go to the continuance, will they arrest me there or will they lift the warrant since I DID show up for that date?

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Arrest warrant vs. bench warrant

    Quote Quoting nitesquirrel213
    When you have a bench warrant out for you, what are the legal ways they can arrest you? Can they just come to your house or do you need to be caught doing something wrong?
    It all depends. If the police have a lawful right to be where they are, and they see you, they can make the arrest. However, if a warrant is not endorsed for "nighttime service" they cannot generally serve the warrant in a non-public place between 10 PM and 6 AM.

    Usually, when we get an abstracted bench warrant, we go looking for them at home or work.

    Additionally, if the issuing county will not extradite on the warrant (this is common for traffic infractions), then the neighboring jurisdictions may not know of, or be able to serve the warrant.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: arrest vs. bench warrant

    Quote Quoting nitesquirrel213
    Another thing I would like to know, when i go to the continuance, will they arrest me there or will they lift the warrant since I DID show up for that date?
    Hard to say. They might arrest you, they might take you before the judge, or they might exhonerate the warrant. It is usually best to have an attorney arrange this ahead of time to avoid a night in jail.

    If you failed to show once before, they may require you post bail the next time as your written promise to appear wasn't good enough the first time around.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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