If you think that there is a warrant out for your arrest or for a loved one’s arrest in San Antonio or Bexar County, it is important that you address it as quickly as possible. If you’re confused about what to do, the following blog will explain the important differences between arrest warrants and bench warrants, and how someone who believes they’re the subject of either type of warrant should approach it.
What Is an Arrest Warrant?
An arrest warrant is a document issued by a judge or magistrate stating that law enforcement can arrest a specific person. This arrest is called “executing” the warrant.
To get a warrant, law enforcement or a prosecutor will present evidence to a judge, arguing that a person has committed a crime that merits arrest. For instance, they might try to demonstrate to a judge that a particular person is the culprit for a string of home robberies. If the evidence is convincing, the judge will issue a warrant for the police to arrest the person. Once the warrant is issued, the police can arrest its subject anywhere, at any time, operating within the boundaries of the 4th Amendment and any provisions in the warrant.
What Is a Bench Warrant?
A bench warrant is a type of warrant that a judge can issue when a person fails to comply with a court order, commonly triggered by
- Failure to appear in court for a court date
- Ignoring a subpoena
- Failure to pay fines
- Violating probation
This can be confusing, as a person may think that since they’ve committed no new crime, there cannot be a warrant out for their arrest. But the violations above are sufficient for a bench warrant. The purpose of a bench warrant is to bring the person before the court to address the violation(s).
Key Differences Between Bench Warrants and Arrest Warrants
Here is a quick look at some key ways that arrest warrants and bench warrants differ.
What is the warrant issued for?
Arrest Warrant: Suspected criminal activity
Bench Warrant: Failure to follow court orders
Who is the warrant requested by?
Arrest Warrant: The police or prosecutor
Bench Warrant: A judge
What is the purpose of the warrant?
Arrest Warrant: To begin criminal proceedings
Bench Warrant: To enforce court compliance
What triggers the issuance of the warrant?
Arrest Warrant: Evidence that a person has committed a crime or crimes
Bench Warrant: Violation of court demands (missed court date, unpaid fines, etc.)
What is the outcome of the warrant’s execution?
Arrest Warrant: Arrest and booking for charges
Bench Warrant: Arrest and return to court for resolution
What Happens After a Warrant Is Issued
After a warrant is issued, the police set out to arrest the subject wherever they find them (at home, in a public place, during a traffic stop, etc.) The person will be booked and have a date set for a court appearance.
A bench warrant is no less serious than an arrest warrant, as it can also lead to jail time and, if the subject is out on bail, a revocation of bail.
Once re-arrested, bail may be available for people arrested on both arrest warrants and bench warrants. The magistrate takes into account the charges, likelihood of violating court orders, and other factors to determine if bail is an option or the person will await trial in jail.
How to Handle a Warrant in San Antonio or Bexar County
If you suspect that you or a loved one may have a warrant out in San Antonio or Bexar County, do the following:
- Reach out to the court or a bail bondsman immediately to determine whether there is actually a warrant.
- If there is a warrant, do not ignore it. Both arrest warrants and bench warrants remain active and can lead to your arrest at any time, anywhere, until you resolve the underlying legal issues.
- Discuss the warrant with experienced bail bonds professionals like the ones at River City Bail Bonds. They can guide you through your options for resolving the warrant and getting out on bail.
- Once you or your loved one are bailed out, adhere to any bail conditions that the court institutes, or risk facing another arrest and further legal and financial penalties.
Worried About a Warrant? Call River City Bail Bonds
Taking active steps to address an outstanding arrest warrant or bench warrant will save you the stress of an unexpected arrest and may help you in the long run. Working with a bail bond agency that knows the San Antonio courts can help you be assured that you’re really getting it taken care of, with no surprises. Call River City Bail Bonds to get it resolved quickly, get bailed out if need be, and start pursuing your legal strategy with no warrant hanging over your head.
