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what is a bench warrant?

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H

hjcml

Guest
What is a bench warrant? When one is issued by a magistrate's court judge, is the warrant good in only that county, city or state? How long is a bench warrant in effect for (until the person surrenders, is caught, or indiffently)? Thank you from South Carolina.
 


I AM ALWAYS LIABLE

Senior Member
hjcml said:
What is a bench warrant?

MY RESPONSE: A "Bench Warrant" is an Order signed by the judge, usually from the judge's Bench or desk, for the immediate arrest of a party, usually to a criminal contempt hearing, who has failed to appear as previously commanded by the court. There are many differing scenarios whereby a judge would be caused to issue a Bench Warrant.


When one is issued by a magistrate's court judge, is the warrant good in only that county, city or state?

MY RESPONSE: As stated above, there are many differing scenarios whereby a judge would be caused to issue a Bench Warrant - - but, by far, the most common of which is a failure to appear in court as previously commanded.

How long is a bench warrant in effect for (until the person surrenders, is caught, or indiffently)? Thank you from South Carolina.

MY RESPONSE: On average, and depending upon the State, a Bench Warrant can last between 4 to 7 years, and is Statewide. The Statute of Limitations only ticks away while the "contemnor" stays inside the State where the Warrant was issued. However, if a contemnor leaves the State of issue, the Statute of Limitations clock stops. Therefore, and theoretically, if a contemnor leaves the State of issue, a Bench Warrant can remain in effect for the rest of the contemnor's life; e.g., while the contemnor remains out of State. Another example would be where a Bench Warrant has issued for a contemnor which has a 7 year lifespan. The contemnor stays in the State for 3 years, and decides to leave the State of issue. The Warrant still has a remaining life of 4 years, and stays that way, until the contemnor returns to the State of issue, and the clock starts again. So, even if the contemnor leaves the State of issue for 20 years, the Warrant will still be good for the next 4 years after the contemnor returns to the State.

Now, this response also presupposes that the State of issue doesn't go out and search for the contemnor in all of the other States; which they can, depending upon the severity of the crime. Usually, however, the contemnor will be stopped in the new State for some other reason, and will be found to have a Warrant for their arrest by the State of issue. The contemnor is then arrested and held in the new State, and the State of issue is informed of that fact. Then, the State of issue can exercise its right to have the contemnor "extradited" back to the State of issue. Again, this can happen many, many, many years later, and long after the Statute of Limitations would have otherwise expired in the State that issued the Bench Warrant.

This is where the old phrase, "You can run, but you can't hide", comes from.

IAAL

 

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