You may have heard the word “warrant,” but did you know that there are different types of search warrants? There are injunctions and arrest warrants, which may be issued at different times and under different circumstances. If you believe you are subject to a bench warrant or arrest warrant, contact the experienced Dallas criminal defense attorneys at Broden & Mickelsen, LLP.
What is a bench warrant?
A court order is an order issued by a judge to arrest someone who has violated a court order. For example, if you do not show up for your scheduled hearing, the judge can issue a warrant for your arrest. The police have the legal authority to search for you. The judge issues the order from the bench, hence the name.
Why will a bench warrant be issued?
Typically, a judge will issue injunctions if a person:
- Disobeys subpoena to appear in court
- Failed to appear for a scheduled hearing
- Fails to comply with court order
A warrant issued in your name allows for your immediate arrest. Law enforcement authorities can detain you and force you to appear before a judge.
What is an arrest warrant?
An arrest warrant orders law enforcement to detain a person accused of committing a crime. A judge or judge signs an arrest warrant after determining that there is probable cause that a particular person committed a crime.
When is an arrest warrant issued?
One of the primary differences between a court order and an arrest warrant is the reason the court issues them. An arrest warrant instructs officers to arrest a specific person accused of committing a crime. These arrest warrants are typically issued in new criminal cases, not pending court violations. An arrest warrant must be supported by probable cause before an arrest can be made. Law enforcement usually must submit an affidavit to the court for a judge to issue an arrest warrant.
What happens after a warrant is issued?
An arrest warrant is entered into the state database once a court issues it. Any Texas law enforcement official can see the document in the database.
Officers have the right to arrest you once a judge issues an arrest warrant. An arrest can happen anytime and anywhere, whether in your home, in a public place, or when stopped for a traffic stop.
Order execution is not subject to any deadlines or time frames. It remains in effect if law enforcement does not arrest you. However, if the police arrest you on a court-issued warrant, this does not result in an automatic criminal conviction. The arresting officer can detain you for questioning. They may detain you or let you go until your scheduled hearing. It depends on the circumstances.
Contact an experienced criminal defense attorney
At Broden & Mickelsen, LLP, our legal team has more than 60 years of combined legal experience defending the rights of those accused of crimes in the Dallas area. We are familiar with the laws and procedures surrounding court orders and warrants and can protect your rights and defend you against the charges you face.
If you need assistance with a Texas writ matter, call us or contact us online for a free consultation with a dedicated and experienced criminal defense attorney today.