A bench warrant gives the police the right to arrest you and bring you to court. Most likely, the police will call you and ask you to come to the station to sign a bail notice. They could also knock on your door to see if you are there.
A warrant for arrest is something that most people know about. This is something that a judge gives to police when they have enough proof to think that a crime has been committed and that a suspect may be guilty of it. Police can arrest the suspect and hold them until they are charged with a crime if they have an arrest warrant.
A bench warrant is like an arrest warrant, but there is one big difference. When the court issues a bench warrant, it tells the police to arrest someone because a judge thinks they have shown disrespect for the court or broken its rules.
It is extremely important that you get legal help right away when you are faced with a bench warrant. We can help you if there is an order out for your arrest or the arrest of someone you care about. Experienced criminal defence lawyers in Melbourne can handle a wide range of criminal defence cases, including those involving bench warrants and arrest warrants.
When Does A Bench Warrant Come Out?
The following are common reasons why bench warrants are issued:
- Not paying child support.
- Being absent from a court hearing.
- Violating probation.
- Failing to show up for jury duty.
- Not paying a court ticket or fine.
In some instances, forensic evidence may be used to support claims of these violations, providing additional proof for the court's decision to issue a bench warrant.
Once a bench warrant is issued, it's pretty much the same process as with an arrest warrant to find the person mentioned on the warrant and arrest them.
What Takes Place After An Arrest Warrant Is Issued?
Once police have an order out for a suspect's arrest, they will find that person, arrest them, and hold them in police custody until their court date.
Police officers will show you a warrant if you are caught. If you try to fight or get away from them, you could be charged with more crimes.
Do Arrest Warrants Show Up In Background Checks?
Depending on the type or severity of the crime for which the warrant was given, it may show up on a police or background check. It is important to remember, though, that an arrest warrant only gives police the right to arrest a suspect. It is not proof that the person is guilty of a crime.
On the other hand, if a suspect was found guilty in a court hearing following an arrest warrant, that will show up on a police check. Not everyone who doesn't show up gets a warrant to arrest them.
It's not always possible to arrest someone who doesn't show up to court when they're meant to. You could either put the case on hold, deal with it ex-parte (without the accused being there), or get a warrant to arrest them.
What A Warrant For Arrest Lets You Do
A warrant allows the police to search, break into, and arrest anyone they believe is named or described in the warrant. The person must then be brought to court or a bail justice within an acceptable time.
How To Check To See If You Have A Warrant
After getting good legal help, you should do something before you do anything else. After this:
Call your local court to find out if you or a family member has an active arrest warrant. You can also check with the police office in your area, but if there is an arrest warrant out for your arrest, you will probably be arrested and taken into custody right away.
When Someone Wants To Arrest You Or A Family Member, What Should You Do?
It may seem obvious, but if you see an arrest warrant or know that one has been issued against you, make sure that it has the right information about you or your address on it.
If you resist arrest or try to obstruct the police, you could be charged with resisting and obstructing them. In the same way, don't say or do anything that could make things worse for you, because anything could be used against you as proof.
Conclusion
Anyone involved in the court system needs to understand the implications of arrest warrants, whether they are bench or standard. From the initial notification to the potential consequences of non-compliance, these legal matters require prompt attention from a lawyer to safeguard rights. Seeking guidance from experienced lawyers can provide clarity in navigating the complexities of criminal defence and ensure protection of legal interests during challenging times, whether individuals are facing charges or concerned about the status of a warrant.
Resources And Further Reading
- https://www.trafficlaw.com.au/warrants.html#:~:text=The%20bench%20warrant%20authorises%20the,if%20you%20are%20at%20home
- https://www.police.vic.gov.au/police-prosecutions
- https://www.justanswer.com/australian-law/m22l8-just-wanted-know-find-warrant.html#:~:text=There%20is%20no%20single%2C%20nationwide,warrant%20may%20have%20been%20issued
