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What Is The Difference Between A Bench Warrant And A Warrant?

What Is The Difference Between A Bench Warrant And A Warrant?

A warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take a specific action, such as arresting a person or conducting a search.

There are different types of warrants, but the two most common types are arrest warrants and search warrants…

  1. Arrest Warrant –  Is issued by a judge or magistrate if there is probable cause to believe that a person has committed a crime. It authorizes law enforcement officers to arrest the person named in the warrant and bring them before the court to face charges.
  2. Bench Warrant –  Is also an arrest warrant, but it is issued by a judge or magistrate from the “bench,” or the courtroom, rather than in response to a request from law enforcement. Bench warrants are typically issued for individuals who fail to appear in court as required or who violate a court order. They authorize law enforcement to arrest the individual and bring them before the court.

Both arrest warrants and bench warrants authorize law enforcement to arrest individuals, but they are issued under different circumstances. Arrest warrants are issued based on probable cause of a crime, while bench warrants are issued for failure to appear in court or other violations of court orders.