A warrant is a court order allowing the government to take action against a criminal defendant. A bench warrant is a warrant issued from the bench. A bench warrant is issued routinely when a criminal defendant fails to appear in court, fails to pay a fine, or is being held in contempt. In many cases, a person forgets to show up in court for a traffic ticket such as rolling through a stop sign and the judge issues a bench warrant for that person’s arrest. In some cases, a district attorney may issue a notice to appear in court. If the notice to appear in court is not received due to a change in address or is lost in the mail, the judge will issue a warrant.

An arrest warrant is a written order directing law enforcement to arrest a person charged with a crime and bring the accused before the court. The warrant is issued by a judge or magistrate, after forms have been submitted by law enforcement personnel detailing that a crime has been committed. When issuing an arrest warrant, the judge must set bail in all cases where the crime is bailable. Arrest warrants for felony cases may be served any time, whereas arrest warrants for misdemeanor cases must be made between 6:00 a.m. and 10:00 p.m., with a few exceptions. After an arrest warrant has been served, a defendant must be brought to court within 48 hours, excluding holidays and Sundays.

If an error has been made in issuing an arrest warrant, it may be the basis for a suppression motion. Arrest warrants require a showing of probable cause. Probable cause means facts detailed that would lead a reasonable person to believe the person to be arrested is guilty of a crime. If there is a violation of the Fourth Amendment, a case may be dismissed or evidence may be excluded if the suppression motion is granted.

If an warrant has been issued for your arrest, you may have a limited amount of time to resolve the warrant before you are arrested. Criminal defense attorney Thomas Greenberg has extensive experience dealing with arrest warrants. He will be able to help you resolve your arrest warrant and may even be able to get your case dismissed.