What is a bench warrantMarch 16th, 2012
A bench warrant is basically a judicially issued arrest warrant when someone fails to comply with the court order. For example, someone violates their conditions of probation with a court. When the warrant issues, a bond may be set. The bond may be high or not even set depending on the circumstances.
When a bench warrant issues, police have authority to arrest the suspect, bring him to the court, and have him answer to the judge. Note that arrest warrants are issued for the arrest of a person suspected of committing a crime, whereas a bench warrant is issued for violations of court obligations, such as probation.
Executing a bench warrant is the same as for a normal arrest warrant, since violations may render a bench warrant or its consequences unlawful or inadmissible in a court. For example, evidence can be thrown out if it is based on an illegal search or seizure executed as a result of a bench warrant.
The bench warrant will be issued for both the civil and criminal cases. Failing to pay your child support, as indicated by a previous trial judgment, is an everyday sort of city case where a bench warrant may be released. Same with failing to appear. Or being held in contempt.
A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, educational programs, or when the defendant commits a crime while on release pending the original trial.
You need to take any warrant, arrest or bench warrant, seriously. Contact a Houston criminal attorney if you ever receive such a warrant. Neal Davis has a reputation for fighting, caring, and winning. Do not hesitate to call him at 713-227-4444 or email him for a free consultation on your Harris County criminal case.