What is a bench warrant?

A bench warrant is a court order issued by a judge that authorizes the police to arrest someone. In Massachusetts, it is typically issued when a defendant fails to appear in court, or breaks the court’s rules. When someone receives a bench warrant, they are given a certain amount of time to appear in court and explain why they missed the original court date. If a bench warrant is not addressed, a police officer can arrest the person anywhere, including at their home or place of work. When a bench warrant is issued, the defendant’s name is placed in a statewide computer database of outstanding warrants. This allows police officers in any jurisdiction to be aware of the bench warrant if they happen to run the defendant’s name through the system. So if someone has an outstanding bench warrant, it is not recommended that they ever try to avoid appearing in court. It is important to note that bench warrants are not the same as arrest warrants. An arrest warrant is issued by a judge when there is probable cause to believe a person has committed a crime. A bench warrant, on the other hand, is typically issued when a person has failed to appear in court.

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