Most likely you've heard of search warrants and understand your rights as an American, but have you heard of what a bench warrant is? A bench warned is issued by a judge and can result in an arrest. Bench warrants are most likely issued when someone misses a court date. This can also include minor traffic violations as well as any other charges where court dates are missed. An arrest warrant is different from a bench warrant because an arrest warrant is a citation that gives the police permission to arrest someone due to a criminal charges, whereas a bench warrant is only issued for missed court dates. Yet, a similarity between the two types of warrant are if a bench warrant is issued, law enforcement may treat a bench warrant as an arrest warrant; this means that you would legally have to go back into court and face the judge.

Most bench warrants are issued in criminal and civil cases; the bench warrant lists the charges brought before the defendant on the citation. Other information that should be recorded on the bench warrant citation includes the bail amount (should that designated judge not be there at the time the bench warned is issued). Before the judge issues a bench warrant, he'll verify that there is a notice written to the person and that they were absent from a court proceeding.

Bench warnings can be issued for many varying reasons. One example why a bench warrant can be issued is for failure to pay child support. If there was a court ruling and a set amount demanded as payment that was later violated, a bench warrant is a valid means of punitive actions. It may also be ordered for a failure to pay fines or other things that would make a citizen be in contempt of court such as bail issues, probation requirements, educational programs, or community service. A bench warrant may also be issued if a person commits a crime though they may be on trial for another crime. The following is considered to be contempt of court and means that a bench warrant may be issued:

• Failure to appear in court;
• Did not pay the necessary fine; or
• Did not follow a court order

A lot of times, bench warrants can be avoided if court dates are kept. One source reported that sometimes DUI charges come as a surprise to the defendant; a lot of times a person who has had previous DUIs might find out that there is a bench warrant for their arrest. When this happens, it is important to consult legal counsel right away. In California, if you are to appear before court in a misdemeanor case but do not show up, under the law in this state, you could be held responsible for a $1000 fine and also be required to serve prison or jail time. The maximum amount of time that can be served is six months.

For a failure to appear in court felony charge, the punishment renders a $5000 penalty as well as prison or jail time (the time is not limited under the state restrictions). If you've previously posted bail on a case that is a felony, the charge price is a minimum of $5000. If you are notified that you have a bench warned order and are anxious about your future, the next step is to hire a qualified attorney who understands your state restrictions and has the skills to help you. In California, a quash or recall is a process that an attorney may be able to complete for you. This means that a bench warrant could be removed from the legal system, when you or an attorney completes the legal steps needed; contact a criminal defense attorney today.