You may have heard the terms arrest warrant, bench warrant, and search warrant but may be unfamiliar with each and how they differ. Law enforcement officials can obtain three different warrants if necessary– the three listed above are the main types.
When law enforcement officials use a search warrant, they look for and find evidence they can seize in a case. But bench and arrest warrants are different from search warrants. Bench and arrest warrants are intended to bring people into custody. Suppose a law enforcement officer obtains a bench or arrest warrant for you. In that case, both are grave matters, for which you should seek the help of our team of Former Prosecutors at the Bianchi Law Group right away.
What Is A Bench Warrant?
If a law enforcement official obtains a bench warrant, this usually happens because there are existing legal matters or court orders that you are required to fulfill. A bench warrant is typically issued when someone does not appear in court.
Once a bench warrant is issued, the police are entitled to make your arrest. The police will release you on your recognizance or hold you for a judge to determine your release conditions.
Why Might I Receive A Bench Warrant?
Most of the warrants processed by New Jersey law enforcement are bench warrants issued to people who failed to appear for their scheduled appearance in court. Additionally, a bench warrant can be issued for those who fail to pay fines.
New Jersey residents who fail to pay their child support, or take other actions mandated by the court regarding their children’s welfare, may also be issued a bench warrant. Those arrested for a bench warrant can face various penalties, and the outcomes of these specific cases are contingent upon their unique circumstances.
Those summoned on a bench warrant may or may not be eligible to be released promptly. Sometimes it can take just a few hours. Other times, you will not be released until a judge hears your case and determines you are all eligible to be released under New Jersey’s new bail law.
What Is An Arrest Warrant?
Since bench warrants are for those who have failed to comply with the courts, arrest warrants are for new criminal cases where an individual is charged with an indictable crime or offense.
In the state of New Jersey, arrest warrants are typically issued under the following scenarios:
- Upon issuing an indictment. An arrest warrant will be issued when a prosecutor brings forth evidence before a grand jury that hearings evidence and votes for a true bill (an indictment). The primary function of the grand jury is to determine whether there is a “prima facie” (Latin meaning “at first glance”) case leading the grand jury to believe that a crime was committed and that the accused committed the crime.
- After being investigated by police: A judge may issue an arrest warrant after a law enforcement official presents probable cause that a crime has been committed and that the accused committed the crime.
How the Bianchi Law Group Can Help If You Have Been Issued a Bench Warrant or Arrest Warrant in New Jersey
At the Bianchi Law Group, our firm primarily focuses on cases related to Criminal Defense, Municipal Court Matters, and Domestic Violence. Our team of former prosecutors has prosecuted many criminal and domestic violence cases. If you retain our criminal defense attorneys for your bench or arrest warrant, we will contact the prosecutor or law enforcement officer, arrange for your surrender and hopeful release, and invoke your rights to remain silent so the police can’t interrogate you.
Former Prosecutors and Trusted by the Media
The Bianchi Law Group partners Robert (Bob) Bianchi and David Bruno are former prosecutors who are certified along with only 250 other attorneys as certified criminal trial attorneys by the New Jersey Supreme Court. Bob and Dave regularly appear as national legal analysts to comment and debate on major news networks such as Fox News, CNN, HLN, MSNBC, and Fox Business.
Contact us to schedule a consultation to discuss how we can potentially assist you with your upcoming case or investigation.