Warrants
Warrants
The judge may order from the bench that the prosecutor prepare and the court clerk issue an arrest warrant. There are several possible reasons why the judge may decide on a warrant. When the grand jury hands down an indictment and the clerk assigns a judge to the case at random, the judge may consider the charges to be so serious that, instead of a summons to come to court for arraignment, the judge orders a bench warrant and sets a high bond. Violent crimes and DUI are the types of charges that suggest to the court that the defendant may be a danger to society or a flight risk, and that because of that danger the police should immediately arrest the defendant pending the first hearing.
Failure to Appear
A second way that bench warrants are issued are when the court issued a summons to appear in court for arraignment and you fail to appear at the scheduled hearing. This could be because you did not receive mail at the address listed in the court file, or simply forgot the time and date of the hearing. In any event, the court considers you to be a flight risk and issues an arrest warrant. Of course failure to appear at later hearings will result in the same thing.
Probation Violation
Bench warrants are also issued for probation violations. The list of possible ways to violate probation seem endless, but here are some of the common examples: failure to pay the fine and court costs as agreed; a urine specimen being “dirty” or testing positive for drugs or alcohol; failure to submit to a urine test when ordered to do so; failure to complete community service; failure to enroll in treatment or programs as required by the court and its screening officer.
Active Warrant
Not every warrant handed down by the court is actively pursued by the local law enforcement. There are hundreds of outstanding warrants from municipal court in Santa Fe, for example, and the police do not have the time or manpower to hunt down each defendant. Instead, those warrants may remain on the books for years until you are pulled over for a routine traffic stop and an ID check turns up the warrant for arrest. For warrants involving violence and drugs, the police may assign an officer to hunt down the defendant at known places of work or residence.
Hiring Lawyer
Hiring a lawyer to represent you makes sense in many ways. First, the lawyer can check to see if there is an outstanding warrant against you. If there is a warrant, the attorney may arrange a hearing with the court, and get a Book and Release Order so you are fingerprinted, booked in and released within the hour. If you are already sitting in jail on the arrest warrant, the lawyer can schedule a quick hearing to discuss lowering your bond. The lawyer may also find good cause to quash the bench warrant until further notice.
Having a criminal defense lawyer present at the court hearing tells the judge that you are taking this case seriously and that you are not a flight risk. If you haven’t been arrested The attorney wAlso, the lawyer may convince the court to drop the warrant fee or at least to lower the bond for your release to a reasonable amount. The lawyer can explain why you may not have received notice in the first place. The lawyer can also gain information about your employment history, family situation and other factors that weigh in favor of early release from jail.
For More Information:
Bench Warrants published by avvo.com
