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Judicial warrants are issued by a judge when someone fails to comply with a court order. They allow law enforcement to recapture the subject and bring them before the judge. Contempt of court, such as failing to appear for jury duty, can result in a subpoena or court warrant. A bench warrant is issued for someone involved in a crime, while a court warrant is for contempt of court. Bail may be allowed for a charge hearing, but not for a court warrant.
An arrest warrant is a type of arrest warrant issued by a judge or court, usually when someone fails to comply with a court order or requirement. When an arrest warrant is issued, law enforcement agencies have the authority to recapture the subject of the warrant and take them to court to face arrest warrant charges; the subject is literally brought before the judge’s bench to respond to the warrant. Judicial warrants are often used as a tool to combat contempt of court, a willful disregard of a court order. Some judges are more inclined to issue judicial warrants than others; as a general rule, you should still avoid contempt of court, as the penalties can be severe.
An example of contempt of court is failure to appear in response to a jury summons. A judge can issue a subpoena compelling someone to come to court and respond to contempt charges, although many judges don’t want to deal with the paperwork of issuing court warrants for people who fail to appear for jury duty . Most commonly, a subpoena will be issued to someone who has failed to appear for an expected court date or for someone who decides to disobey a subpoena to testify in a case.
To file a subpoena, a judge generally must demonstrate personal knowledge of the contempt that instigated the warrant. Otherwise, a judge must wait for someone to file an affidavit to request a subpoena. For example, if Person N fails to pay child support to Person Y, Person Y’s attorney may file a court warrant affidavit to request Person N’s presence in court. Person N must explain why she did not pay child support at this court appearance.
A bench warrant is slightly different from a more general arrest warrant. An arrest warrant is issued when a law enforcement agency has reason to believe that someone has been involved in a crime. For example, a court will issue an arrest warrant for someone accused of murder so that he can be charged and tried. Typically, someone may post bail to get out of jail after a charge hearing has been held, while the subject of a court warrant may not be allowed to post bail if the court determines the person should be held. in prison, since you or are considered a flight risk.
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