There are scenarios in life where someone will be told that there is a warrant out for their arrest. For us as criminal defense attorneys, we must educate you on how this process works as it relates to the differences between certain types of warrants. In New York State, arrest warrants and bench warrants serve different purposes. How each one is issued comes with a different set of circumstances and can have a big impact on a criminal case. Being able to help you understand how this works will also help us when it comes time to be your legal representation in a case.

In this blog, we will walk you through the differences between bench warrants and arrest warrants in the state of New York.

Understanding an Arrest Warrant in New York State

An arrest warrant is a court-issued order authorizing law enforcement to arrest an individual accused of committing a crime. In this state, there's Criminal Procedure Law § 120.10. Under this law, an arrest warrant authorizes law enforcement to take someone into custody for arraignment. To clarify, this happens when the person's criminal charges have already been filed or if that person hasn't appeared before the court. 

If a judge determines the legal requirements, they may issue an arrest warrant. The defendant, the charged offenses, and the court issuing the warrant are identified. As an example, let's say that someone is accused of larceny, but they have not been brought before the court for this; the judge will issue an arrest warrant under the rules of Criminal Procedure Law § 120.10. If you want to learn more, read about it on the official New York State Senate website.

Understanding a Bench Warrant in New York State

Now, for a bench warrant, the reason this warrant is different is that it is issued after a criminal case is pending before the court. According to Criminal Procedure Law § 530.70, the court will issue a bench warrant, which allows law enforcement or a court officer to take someone into custody and into court. Its purpose is to secure the defendant's appearance for a proceeding other than the initial arraignment.

Bench warrants can be issued for someone who is charged with a misdemeanor as well as felony offenses. Most importantly, another law in New York State does provide protections before the bench warrant is issued, and it's called Criminal Procedure Law § 510.50. This demonstrates that unless there is a relevant piece of credible evidence showing that the failure to appear was willful, then the court must provide a notice of 48 hours to the person who is being charged or their defense attorney that they are required to appear in court. 

There is an important statutory exception: this 48-hour notice requirement does not apply when the defendant is charged with a new crime while at liberty. Accordingly, the specific circumstances surrounding a missed court appearance matter when determining whether the statutory notice protection applies.

The Differences Between the Two Warrants

Here are several important differences between an arrest warrant and a bench warrant:

WHY it's issued: For an arrest warrant, it is issued because it brings someone before a court to answer for the charges they are under. For a bench warrant, it addresses the issue that arises during a court proceeding when the person charged does not show for their proceeding.

WHEN it's issued: The arrest warrant will be issued before the initial arraignment, and the bench warrant will be issued after the court gets more involved in the criminal case

WHAT happens after it's issued: Both warrants put someone in custody to be put before a court; however, court proceedings will depend on that type of warrant, the charges, and other circumstances that are presented by the case.

Other Circumstances of Being Arrested on a Warrant

The geographic reach of an arrest warrant or bench warrant in New York State depends on which court issued the warrant.

Under Criminal Procedure Law § 120.70, arrest warrants issued by district courts and specified other courts may be executed anywhere in New York State. Warrants issued by city, town, and village courts may be executed within the county where they were issued or an adjoining county. Execution elsewhere in the state requires written endorsement by a local criminal court in the county where the arrest takes place.

In the case of Buffalo and Western New York, if you have a case that's pending here in towns like Cheektowaga, Amherst, or Tonawanda, or any other local jurisdiction, that is also relevant if you work or live somewhere else. 

Another circumstance that is involved in these cases is that if you do have a warrant out for you, don't assume it will resolve itself or disappear eventually. If you can speak with an experienced criminal defense attorney about these warrants and how they are issued, they may be able to arrange a voluntary court appearance and advocate for appropriate release conditions.

If you are someone who either wants to learn more about this process or is potentially facing an arrest warrant or bench warrant, the consequences of not knowing how this works will be serious, and we recommend that you understand your legal options. We are here to help you in any way we can! If you have any questions or are looking for legal representation, give us a call or reach out through our contact form, and we will get back to you as soon as we can!

Arrest Warrant and Bench Warrant FAQ

In New York State, can a bench warrant or arrest warrant be issued anywhere?

Depending on the court that issued the warrant, under New York State law, the geographic authority to execute a warrant varies depending on the issuing court. Read Criminal Procedure Law § 120.70 to learn more!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.