Student Driver Placement

July 2014

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Law 101 Trucking by Jim C. Klepper - Attorney at Law 800-333-DRIVE www.interstatetrucker.com www.driverslegalplan.com 26 www.studentdriverplacement.com July '14 Bench Warrants M y 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 WUDIÀFFDVHEHFDXVHWKH\IDLOHGWRDSSHDU before him on their scheduled court date, and yes a bench warrant is an arrest war- UDQW7KHMXGJHKDVWKHRSWLRQWRRUGHUD bench warrant for the defendant or he can RUGHUDSXUHDUUHVWZDUUDQWIRUWKDWGHIHQ dant. 7KHVLPSOHGLIIHUHQFHLVWKHEHQFKZDU UDQWZLOORQO\FDXVHWKHSROLFHWRDUUHVW\RX if they have an interaction with you such DVDWUDIÀFWLFNHWRUHYHQLI\RXDUHLQDQ accident and it is not your fault. An arrest ZDUUDQWLVPXFKGLIIHUHQWLQWKDWWKHSROLFH will actively hunt you down and arrest you. The arrest warrant is usually reserved for the more serious criminal cases. Judges DUHKXPDQDQG\RXFDQPDNHWKHPDQJU\ LI\RXIDLOWRVKRZWKHSURSHUUHVSHFWIRU WKHFRXUW6RPHXSVHWMXGJHVKDYHWDNHQ LWXSRQWKHPVHOYHVWRDVNODZHQIRUFHPHQW to bring the defendant in on a bench war- rant usually after the defendant has failed WRDSSHDUVHYHUDOWLPHV$JUHDWH[DPSOH of this is the old story of the driver with a VDFNIXOORISDUNLQJWLFNHWVDQGMXVWLJQRULQJ the court. Anytime your name is added to the war- rant database, that information is available WRHDFKDQGHYHU\ODZHQIRUFHPHQWRIÀFHU in that state. The reason they do that is so WKDWHYHU\RIÀFHUFDQUXQ\RXULGHQWLW\WR see if you have any warrants or other is- VXHVWKH\PD\QHHGWRWDNH\RXLQWRFXV WRG\7KHRIÀFHUFDQUXQ\RXUQDPHHYHU\ WLPH\RXDUHVWRSSHGIRUDWUDIÀFWLFNHWRU DWWKHVFDOHV*XHVVZKDWKDSSHQVZKHQ they get notice you have a warrant – yes, WKH\FDQSXW\RXLQWKHFDUDQGWDNH\RX in. The good news is that sometimes the warrant is from another jurisdiction and that MXULVGLFWLRQPXVWSD\WRFRPHJHW\RXDQG EULQJ\RXEDFNIRUFRXUWVRWKH\PD\RUPD\ 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 get- ting your attention and collecting their mon- H\

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