Is an Arrest Warrant More Serious than a Bench Warrant?

Is an Arrest Warrant More Serious than a Bench Warrant?

Both types of warrants are serious. But arrest warrants in Georgia are issued when law enforcement suspects you committed a crime, while bench warrants mean you definitely violated a judicial order. In either case, you need immediate support from an experienced criminal defense lawyer because you are in trouble with the law.

Both the U.S. Constitution and the Constitution of the State of Georgia require law enforcement to have probable cause before placing individuals under arrest. If police directly witness a crime, they can immediately place offenders under arrest. Otherwise, they must obtain an arrest warrant by convincing a judge they have good reason to believe someone committed a crime and needs be arrested. But an arrest warrant does not prove guilt. By taking advantage of the Miranda right to an attorney immediately after arrest, some individuals can potentially secure release early in the process.

Individuals receive Georgia bench warrants when they fail to appear at a scheduled court date. While judges can theoretically issue bench warrants to individuals who fail to appear for jury duty, they tend to reserve the use of these warrants for more serious situations. For example, when criminal defendants on bail fail to appear in court, judges view them as flight risks. Once police bring them to court, a judge may increase the bond requirements — or hold them in custody without bail until the time of trial.

Anyone taken into custody by police needs immediate representation by an experienced criminal defense lawyer. When you retain an attorney from Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP, you benefit from a legal team with extensive prosecution and judicial experience. We remain at your side throughout the criminal process to protect your rights and help ensure you receive the best possible results for your case.

Contact us today to set up a consultation.