What's the Difference Between a Warrant and a Bench Warrant? - dev

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What's the Difference Between a Warrant and a Bench Warrant?

In the United States, understanding the nuances of the justice system can be a daunting task, especially for those who have never had to deal with law enforcement or court proceedings. Lately, a topic that has been gaining attention is the difference between a warrant and a bench warrant. With the rise of police body cameras and social media recording officers' interactions, civilians are becoming more aware of their rights and the process of having a warrant issued. Additionally, the COVID-19 pandemic has led to a surge in cases involving warrants, as courts have had to adapt to new procedures. In this article, we will break down what a warrant and bench warrant are, how they work, and what you need to know.

What is a Warrant?

A warrant is a court order that allows law enforcement officers to seize property or arrest a person on the basis of probable cause. Probable cause is a reasonable belief, based on the facts, that a crime has been committed. Warrants can either be issued by a judge or, in some cases, an administrative agency. There are two main types of warrants: search warrants and arrest warrants. A search warrant gives police permission to search a person or location for evidence, while an arrest warrant allows them to apprehend an individual.

What is a Bench Warrant?

A bench warrant, also known as a bond warrant or judge's warrant, is a type of arrest warrant issued by a judge. It is typically issued when a person fails to appear in court or fulfill their end of a bail agreement. The court then issues a bench warrant to capture the individual, and the warrant is usually entered into a National Crime Information Center (NCIC) database.

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How Do Warrants Work?

When a warrant is issued, law enforcement will typically serve the warrant by knocking on the door or attempting to apprehend the individual in a public area. The person being arrested will be taken into custody and brought before a judge for arraignment. In some cases, law enforcement may also serve a warrant to gather evidence or interpret the warrant. However, with the rule of Exigent Circumstances, if it's deemed necessary to seize evidence quickly, officers may enter a home or arrest the person without knocking.

What Questions Do People Ask About Warrants?

• What if someone has a warrant out for their arrest but hasn't been informed? In this case, it is recommended to seek legal counsel and explain the situation to the attorney.

• Can a warrant be brought up years later? Yes, a warrant can be active for years or even decades if unfulfilled or served.

• Can a warrant be removed if a judge issues one but then dismisses the charges? No, once a warrant is issued, even if the charges are dismissed later, the warrant remains active.

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