A court warrant can be issued for contempt of court or violation of court rules. It is issued by a judge and allows police to arrest and detain the person. A bench warrant requires immediate apprehension and can result in arrest during routine traffic stops. Subpoenas are often issued for failure to appear in court or violation of court rules.
There are a number of reasons why a judge might order a court warrant, although these various reasons often involve contempt of court or violation of court rules and procedures. This type of warrant is issued by a sitting judge, not requested by the police, or issued based on probable cause. Once the warrant has been issued, the police have the right to arrest and detain the person for whom the warrant has been issued at any time.
A bench warrant is a type of arrest warrant issued by a sitting judge, requiring the immediate apprehension of the individual for whom the warrant was issued. If the person is in the courtroom at the time the warrant is issued, for example, they are usually immediately taken into police custody. For people who are not present when an arrest warrant is issued, they can be arrested at any time. This can commonly result in an individual being pulled over for a routine moving violation and then arrested due to a warrant found during a background check by the arresting officer.
The most common reason for a subpoena to be issued is contempt of court, although this can take several forms. Failure to appear in court is, perhaps, the most frequent type of contempt that can lead to a warrant being issued. This can be a criminal or civil hearing and is often independent of the person’s role in the hearing. Once someone is summoned to court, he must appear in court or risk contempt of court charges which may lead to a subpoena being issued in his name.
Violation of court rules and procedures can also result in a person being issued with a court warrant. Someone who repeatedly speaks out of turn, shows up late, or is disruptive may be charged with contempt of court and arrested until a hearing. Even failing to appear as a judge enters a courtroom or leaves a courtroom before the hearing is adjourned can violate procedure enough for a judge to issue a subpoena. This generally depends on the judge, however, and some umpires may be more lenient than others about stopping or breaking the rules.
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