(Newswire.net — February 11, 2017) — Did you know that failure to respond to subpoenas, falling behind in child support and most civil contempt charges will result in bench warrants (or capias in some states) issued in your name. Generally, judges aren’t pleased when orders aren’t being followed – many have long memories, and short tempers. Of course, some judges exhaust other remedies to give respondents (individuals that are issued summonses) an opportunity to appear before ordering your arrest.
Before absconding to another state or doing something you’ll regret, over these notices, you need to understand what procedures, courts and law enforcement officers must follow before taking you into custody and presenting you before the judge.
Courts must show cause
Bench warrants often stem from acts of civil contempt, or failing to follow direct judge orders. For example, if you’ve been asked to pay fines but willfully stop paying, or have been subpoenaed (written demand to do “something” requiring court presence) by prosecution to testify, but decided to go shopping instead. Perhaps you’ve been ordered to pay lump sums on child support arrears, but didn’t fulfill the judge’s request in time. These are common reasons individuals could be issued bench warrants.
Regardless of what any bench warrant says, you have due process (steps which police and courts must take in examining then determining a condition exists meriting your arrest or arraignment) rights. In other words, judges can’t request someone within their bailiwick (jurisdiction) to get arrested because they’re bored. Courts and police must, even in civil proceedings, show that you’ve done something wrong by virtue of proof beyond a shadow of doubt. Missing court dates is already doing something wrong, right? Not so fast.
If the court, State or other party failed to give you court date changes, for example, there’s no reasonable evidence that you became aware that court was in session, therefore, an arrest warrant couldn’t be issued. Moreover, clerical errors (forgetting to log payments, for example) aren’t grounds for bench warrants. Bench warrants are issued from the bench by judges and executed by law enforcement at any level – yes, a United States Marshall can arrest you for an outstanding bench warrant although many aren’t inclined to hunt for low-risk citizens for a civil matter.
You can respond to bench warrants
Ever receive an incorrect bill, or one that’s not even yours? You probably called and argued or asked, in writing, for the company to produce the proof that the dollar amount that’s mentioned in the bill, is owed for services rendered. Think of bench warrants as written letters from magistrates or judges to you – responding is well within your rights.
Sometimes simple misunderstandings, such as having no prior knowledge of court dates missed or payments that haven’t been credit towards something owed, can be hashed out by calling the clerk of whichever court has requested your immediate presence. If phoning isn’t an option, writing the judge personally (good idea if out-of-state) to show cause (reason why you didn’t appear) may not change the bench warrant, but it could bode well when you finally see the judge.
Running from the police until your letter arrives at the courthouse isn’t suggested, however, as additional charges could stem from fleeing to avoid prosecution (if bench warrant is for criminal proceedings).
Bonds are given, but not promised
Many times, judges will set bail according to either what you owe, or a preset bond schedule. Presenting money in exchange for imprisonment doesn’t mean you’re done with court hearings – just ask bounty hunters hired to bring high-risk bail jumpers back to court. Bonds may have administration fees, too, meaning whoever posts bail on your behalf (including yourself) may lose a portion of those proceeds to the court who took their time writing up and entering the warrant in computers.
If you’ve failed to appear after posting bail, expect either an increase in bail required for release or complete bond revocation altogether.
Standard rules of arrest apply
Some believe that hiding in their homes prevents law enforcement from entering by force (another form of illegal search and seizure). Armed with an arrest warrant signed by the judge or magistrate, officers can take whatever measures are necessary – including arresting individuals who harbor wanted individuals – to secure the individual, listed on the warrant.
For civil matters where monies are owed to individuals, the extent by which law enforcement looks for individuals depends on jail population, availability of officers and exactly how bad you’re wanted. In other words, child support bench warrants will be of higher importance than being sued by creditors.
Body attachments and bench warrants differ in that police officers must physically see your body to serve body attachments; “thinking” you’re inside your home is not sufficient – proof must exist, or they must visually see you.
When bench warrants are entered in statewide computers, the range which you’ll be picked up with be noted with “local only”, “statewide”, “within 250 miles” and so forth. If issued nationwide, it’s serious.
Bench warrants are serious
Make no mistake, judges and even prosecutors exhaust all kindness before forcing law enforcement to bring individuals into court along with a fraud lawyer. In some states, jail overcrowding won’t stop bench warrants from being served.
If you’re unsure what rights you have in specific situations, it’s best to consult criminal law professionals who deal with judges and prosecutors all day long.