Issue link: http://read.dmtmag.com/i/369526
LEGAL LANE • • • By Jim Klepper • • • Bench Warrants My wife just called me and told me that I have a bench warrant out for me! Holy Cow, how serious is this and what should I do? —Charles E. Bench warrants are ordered by a judge against the defendant in a criminal case or traffi c case because they failed to appear before him on their scheduled court date, and yes a bench warrant is an arrest warrant. The judge has the option to order a bench warrant for the defendant or he can order a pure arrest warrant for that defendant. The simple difference is the bench warrant will only cause the police to arrest you if they have an interaction with you such as a traffi c ticket or even if you are in an accident and it is not your fault. An arrest warrant is much different in that the police will actively hunt you down and arrest you. The arrest warrant is usually reserved for the more serious criminal cases. Judges are human and you can make them angry if you fail to show the proper respect for the court. Some upset judges have taken it upon themselves to ask law enforcement to bring the defendant in on a bench warrant usually after the defendant has failed to appear several times. A great example of this is the old story of the driver with a sack full of parking tickets and just ignoring the court. Anytime your name is added to the warrant database, that information is available to each and every law enforcement offi cer in that state. The reason they do that is so that every offi cer can run your identity to see if you have any warrants or other issues they may need to take you into custody. The offi cer can run your name every time you are stopped for a traffi c ticket or at the scales. Guess what happens when they get notice you have a warrant – yes, they can put you in the car and take you in. The good news is that sometimes the warrant is from another jurisdiction and that jurisdiction must pay to come get you and bring you back for court so they may or may not allow you to go free. If the crime is big enough they will surely come get you. Bench warrants are a courts way of getting your attention and collecting their money. You will need to post a bond, either cash or bail bond if you are arrested, in order to be released if the judge sets bail. If no bail, you 28 DrivingForceMag.com September 2014 • • •