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What is a Bench Warrant?
A bench warrant, also known as a “body attachment,” is the most common type of warrant issued in the United States. A bench warrant refers to a warrant that is issued from the bench, meaning the judge.
What is an Arrest Warrant?
An arrest warrant is a document issued by a judge or magistrate that authorizes police to take someone accused of a crime into custody. The warrant is issued by the competent authority upon a showing of probable cause, which means a warrant may be issued if a reasonable person would believe the information at hand is adequate to suggest criminal behavior. Arrest warrants serve the purpose of protecting people from unlawful arrests under the 4th Amendment to the United States Consitution.
Related Article: 5 Types of Warrants
What's the Difference Between a Bench Warrant and an Arrest Warrant?
An arrest warrant is issued after a grand jury or law enforcement officials have probable cause to suspect that a defendant has committed a crime. Bench warrants are typically issued when a person fails to appear for a court hearing or fails to answer a subpoena.
Also Read: What is a Writ of Coram Nobis Used For?
How Long Can You Go to Jail for a Bench Warrant?
Once a bench warrant is issued, law enforcement has the authority to take you into custody immediately. Contempt of court is a misdemeanor offense that could result in a county jail sentence of up to 1 year and a fine of up to $10,000.
Also Read: Here’s What Happens When You Fail to Appear
Do Bench Warrants Expire?
While bench warrants never expire, both bench warrants and arrest warrants must be executed within a reasonable length of time. If your constitutional right to a speedy trial is violated because the police did not serve the warrant promptly, your attorney may be able to have the case thrown out.
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What is Contempt of Court?
Contempt of court refers to the disobedience of an order of a court. Direct contempt of court occurs in the presence of the court. Contempt of court can also be indirect, meaning that the violation occurred outside of the courtroom. In most cases, indirect contempt of court is reported to the authorities by another party or reported by another party to the court.
FAQs
What should I bring with me when turning myself in?
Bring a valid ID, any legal documents related to the case, medication or medical information, contact information for your lawyer, and personal items like money for bail or commissary, depending on the jail’s rules.
Can I negotiate the terms of my surrender with law enforcement?
Yes, you can negotiate terms of your surrender with law enforcement through your lawyer. This can include setting a specific time and place, and discussing bail conditions or ensuring you are processed quickly.
What should I expect during the booking process?
During the booking process, expect to be photographed, fingerprinted, and have your personal information recorded. You may also undergo a health screening and be searched for contraband before being placed in a holding cell.
Related Article: How Long Do You Stay in Jail for a Bench Warrant?
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