How Do Arrest Warrants and Bench Warrants Work

**ebola** · 02-10-2009, 07:17 PM

My question does not involve a warrant from a specific state:

So my question is how do warrants work. I know kinda big question here but I figure it looks to be an interesting place to start to learn.
So what kinds of warrants are there? Bench, Arrest, and any others?
What are the differences between Bench and Arrest warrants?
How is a Bench Warrant issued vs. How is an Arrest warrant issued?
How does a warrant work?
What is law enforcements involvement with a warrant once it gets issued?

Sorry if this is the wrong section for this question. I'm new here which might be obvious by the recent join date and lack of posts. I am probably going to ask a bunch of questions like this. I did search for a thread like this though and couldn't find one.

**M'sta Mikey** · 02-10-2009, 07:19 PM

Read this thread

**ebola** · 02-10-2009, 07:29 PM

Yeah I was looking for a bit more information then that but thanks.
So in the case of arrest warrants what kind of information does the DA need to issue an Arrest warrant. Once an Arrest warrant has been issued what happens.
So I know that judges do not always issue Bench warrants for fta's, failure to pay fines, and other things. Is this up to the judges discretion? does the DA have any say in the instance of a Bench warrant being issued. Under what other circumstances will a Bench warrant be issued. Under what circumstances will an Arrest warrant be issued?

**cyjeff** · 02-10-2009, 08:01 PM

Just for the record, we have a long standing policy against doing homework.

What is your case and we will help.

**ebola** · 02-10-2009, 08:13 PM

Uhm all I need is links to the info or something like that. This is not my homework at all. Not a law student or anything like that. This just seemed like a forum where I could learn some stuff. If all you do is talk about cases so be it. I might have found the wrong forum in which case sorry to waste your time.

**M'sta Mikey** · 02-10-2009, 08:18 PM

Google "Bench warrant + Arrest warrant" either together or separately.

**BOR** · 02-11-2009, 02:54 AM

Quoting ebola

My question does not involve a warrant from a specific state:

So my question is how do warrants work. I know kinda big question here but I figure it looks to be an interesting place to start to learn.
So what kinds of warrants are there? Bench, Arrest, and any others?

Administrative warrants. They do not authorize the seizure of a person though. You can research that term.

What are the differences between Bench and Arrest warrants?
How is a Bench Warrant issued vs. How is an Arrest warrant issued?
How does a warrant work?
What is law enforcements involvement with a warrant once it gets issued?

Answered already, but, SEARCH warrants can ONLY be issued by a detached magistrate, per the 4th AM.

ARREST warrants can be issued by a Judge OR a person otherwise authorized by law, IF a violation of a Municipal ordinance, that is, a misdemeanor, or otherwise minor crime, as Municipalities can NOT enact Felonies.

http://supreme.justia.com/us/407/345/case.html

Since Shadwick does NOT mandate a Felony warrant be issued by a State magistrate only, so it is presumed, and as far as my knowledge is concerned, such FW can also be issued by a city/municipal judge in every state, unless otherwise directed by state law.