What Is The Difference Between Bench Warrants And Arrest Warrants
I guess the title of this post is self explanatory. So what are the differences between a bench warrant and an arrest warrant if any? Especially if the bench warrant is due to an unpaid fine or late restitution payment? Wyoming
Re: Bench Warrants, Arrest Warrants-what Is The Difference If Any?
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drgmdo
I guess the title of this post is self explanatory. So what are the differences between a bench warrant and an arrest warrant if any? Especially if the bench warrant is due to an unpaid fine or late restitution payment? Wyoming
A "bench warrant" is typically one issued by the "bench" (i.e. the judge) when a defendant fails to appear for a hearing or other legal process. It IS an arrest warrant.
Arrest warrants may also be issued pursuant to a request from the District Attorney to the court.
- Carl
Re: Bench Warrants, Arrest Warrants-what Is The Difference If Any?
An arrest warrant is case filed by the district attorney and then a judge approves the issuance of an arrest or "A" warrant for the charged person. An "A" warrant mandates law enforcement to perform due diligence, that is to make an effort to find the wanted person. This is because the wanted person has not yet been arraigned, formerly charged in court, and is entitled to a speedy trial. So the responsibility is on law enforcement to deliver that person to court.
A "B" or bench warrant is simply issued by the court when a defendant fails to appear in court as ordered. This can happen any time after arraignment and during the entire judicial process. No due diligence is imposed upon law enforcement for "B" warrants. All of the above applies to both felonies and misdemeanors.