It is not the same… although they are similar: The difference between a bench warrant and an arrest warrant

It is not the same… although they are similar: The difference between a bench warrant and an arrest warrant

If you need legal representation and a criminal defense attorney, call us at (619) 746-8879

Dealing with the law can really make your hair stand on end, which is why it is key to always have the timely and expert advice of a team of lawyers like those at Kannan Law. They will always be at your disposal if you or someone you love has to walk a legal path.

Having a criminal lawyer nearby is always a good idea because they will explain and handle legal issues that are not common understanding with complete expertise. For example, this is the case with a bench warrant and an arrest warrant. Although they are similar, they are not the same.

What is a court order?

A court order is issued by a judge when a person has been previously accused of a crime and has yet to appear before the judge’s bench on the indicated date to appear for the cases presented.

Generally, a person does not appear in court for various reasons, ranging from forgetting the date, having a health issue, having an emergency, or simply avoiding said hearing. This can have serious consequences on the legal case being dealt with. In this sense, the judge can issue an injunction whenever a person violates the decisions of a court.

When the police receive this court order, they can treat it like any other order; that is, they must immediately search for this accused individual and arrest him on the spot to proceed to take him before the judge.

If you or a loved one missed a hearing, you should immediately contact your attorney and go to the criminal clerk’s office in person to follow their instructions.

It is important to consider that if you are in an immigration process, you must receive legal advice as soon as possible to minimize the potential consequences that a court order may bring you. At Kannan Law, we have several success stories of people with criminal records who have been able to resolve their immigration matters successfully.

What is an arrest warrant?

It is when a police officer presents a request to a judge with arguments suggesting that a subject has committed a crime and should be arrested as soon as possible. In more legal terms, this is when the police officer shows “probable cause.”

If the judge is convinced that this could be the case, he will sign the order for the agents to search for and arrest the subject, then present him before the court and thus continue with the judicial procedure in accordance with the law.

It’s important to note that not all arrests require the police to first obtain a judge’s approval. For instance, if an arrest occurs during the commission of a crime, police officers are empowered to act immediately. This allows them to respond swiftly to protect public safety and preserve evidence.

Moreover, in many jurisdictions, officers have the ability to contact an on-duty judge to obtain approval for a specific detention order. This practice is particularly common when police arrive at a residence to apprehend a suspect. Instead of forcibly entering, they can present the necessary documentation that justifies their actions, demonstrating adherence to legal procedures. Here, you can get a quick guide on what to do if the police arrest you or come to search your house.

In summary, the key distinction between a court order and an arrest warrant lies in their issuance. A court order is issued by a judge when there is a belief that an individual has shown contempt for the court. On the other hand, an arrest warrant is initiated by the police, who determine that there is probable cause to believe an individual has committed a crime and should be taken into custody.

If you want general information about how criminal cases work, we suggest you review the California Courts website.

Some examples of when a court order is issued

The excellent condition for a judge to issue an injunction against a person is that he considers that he is disrespecting the court and violating the conditions imposed on him with his actions or lack of a certain action.

For example, a judge issues a warrant when the defendant…

• did not pay child support,
• did not appear at a court hearing,
• violated parole,
• did not show up for jury duty,
• did not pay a fine issued by the court.

If you or a loved one find yourself in a similar situation, immediately contact our Kannan Law team so they can accompany you in this process and obtain the most favorable solution possible, such as working under the CARE Act.

Remember that it is essential to have the timely advice of a team of lawyers who can advise you on your case. Fill out this free form, and a prominent member of the Kannan Law team will contact you.