People are typically arrested one of two ways: either on the scene with probable cause for suspicion that the person committed a crime, or after a judge issues an arrest warrant authorizing the seizure and detention of a person after being presented sufficient evidence of probable cause. An example of the first instance is a driver pulled over for erratic driving and subsequently arrested for DUI. In the second instance, investigators may present their findings to the district attorney who files charges and requests an arrest warrant from the judge.
A judge can also issue a warrant for the arrest of a person who fails to appear in court when ordered to do so. This is called a "bench warrant." In the arrest warrant mentioned earlier, police will typically go directly to the person's home or business and place him or her under arrest immediately. This is not likely to happen with a bench warrant; however, if a person who is the subject of a bench warrant comes in police contact--often through a routine traffic stop--he or she will likely be arrested on the spot.
A person with a bench warrant may also be arrested during a "warrant sweep" or in a DUI checkpoint. In general, more people are arrested for outstanding warrants than for impaired driving in sobriety roadblocks.
If you have missed a court date, it is important that you contact your attorney at once to discuss the best way to handle your failure to appear and any bench warrant resulting from the missed appearance. By taking a proactive approach, you may be able to avoid arrest and have the warrant recalled.
To learn more about failure to appear and bench warrants, click here.
