Do You Have an Arrest Warrant?

arrest warrant or bench warrant

How Does an Arrest Warrant Get Issued?

If you ever find yourself facing a warrant, you may wonder how and why it was issued.  In Orange County, the justice system allows for warrants to be issued and here are the different types that are allowed:  arrest warrants and bench warrants.

Arrest Warrant – Issued at the Request of Law Enforcement

If you have an arrest warrant in Orange County, it would be as a result of a law enforcement request.  In Orange County, when the District Attorney’s office files charges against an individual, they have the ability to request the court to issue an arrest warrant as soon as they file the charges if the person is out of custody at the time charges are filed.  Even if you are aware you were under investigation before charges were filed, and  had a criminal lawyer representing you during the investigation of the case, the police often times never contact the attorney to let her know that they submitted a police report to the District Attorney’s office requesting charges to be filed.   Instead, the assigned Deputy District Attorney will file charges and at the time the charging document is filed, the will request the court to issue an arrest warrant.  The best way to avoid a surprise visit from the police to arrest you due to the warrant, you should hire a criminal attorney to assist during the investigation and check on the status of charges being filed every couple weeks.

Bench Warrant – Issued By the Judge When There is a Failure to Appear

If you find yourself facing a bench warrant, it is because you failed to appear in court on a criminal case.  This type of warrant can even be issued if you never even knew you were supposed to go to court.  Most people receive a citation with a court date that is listed on the document.  You go to court on the date listed on the citation, and no charges were filed.  You go to the District Attorney’s office to find out what happened.  They tell you the case has not been filed yet and that you will receive a letter in the mail if charges are filed, and that will have the date you need to go to court.

Skip to content