Arrest Warrants Vs. Bench Warrants: What’s The Difference In Ohio?

You may have heard the terms arrest warrant and bench warrant used interchangeably. While both can result in someone being taken into custody, they are very different in terms of how they are issued, what they mean, and how to handle them.

What Is an Arrest Warrant?

An arrest warrant is a court order authorizing law enforcement to arrest a person who is suspected of committing a crime. These are usually issued after an investigation. They are often the result of a complaint filed by law enforcement or a district attorney.

An arrest warrant is issued by a judge or magistrate when they find probable cause that someone committed a crime. This probable cause is typically supported by an affidavit of probable cause from the police. For example, if you’re suspected of burglary and there’s evidence linking you to the crime, the police or prosecutor may present that evidence to a judge to request an arrest warrant.

Common reasons for an arrest warrant include:

• Felony or misdemeanor charges filed by the district attorney
• Violation of probation or parole
• Indictments by a grand jury

Arrest warrants allow police to find you and take you into custody. That could mean showing up at your job, your home, or pulling you over during a traffic stop.

What Is a Bench Warrant?

A bench warrant, in contrast, is usually issued by a judge from the bench. These warrants are usually issued in response to someone failing to appear in court or disobeying a court order.

Bench warrants can be issued for:

• Failing to appear for a scheduled court date
• Failing to pay fines or court costs
• Violating probation terms
• Failing to comply with a subpoena or court order

What Happens After a Warrant Is Issued?

If there’s an active arrest warrant in your name, police can arrest you at any time. Once arrested, you’ll appear before a magistrate judge for a preliminary arraignment. This appearance is where the judge will inform you of the charges. Bail may also be set at this time.

Bench warrants also authorize law enforcement to arrest you. However, they’re often served when someone has an encounter with law enforcement, like a traffic stop. After you’re arrested on a bench warrant, you’re typically brought before the judge who issued the warrant. This can happen on the same day.

What Should You Do If You Have a Warrant in Ohio?

First and foremost, don’t ignore your warrant. Whether it’s an arrest warrant or a bench warrant, avoiding the issue only makes things worse. Here’s what to do:

• Contact an attorney: A defense lawyer can confirm if there’s a warrant, determine what type it is, and help you take the proper steps to address it. In many cases, your attorney may be able to schedule a hearing to quash the warrant or arrange for a voluntary surrender to minimize consequences.
• Respond promptly: Attempting to wait it out or evade police could lead to additional charges, including obstruction of justice. Plus, you could be arrested at a humiliating or dangerous time.
• Prepare for court: Depending on the circumstances, you may be able to resolve the matter quickly. This is especially common for minor violations or missed court dates. If you’re proactive and have strong legal representation, courts are often more willing to work with you.

Talk to an Experienced Ohio Defense Attorney Today

Whether you missed a court date or you’re under investigation for a crime, the sooner you take action, the better your outcome is likely to be. If you think you may have a warrant in your name or have been contacted by law enforcement, don’t wait. Call McNamee Defense today.