In Alberta, a bench warrant is a specific type of arrest warrant that a judge can issue, primarily when an individual fails to appear for a scheduled court date, hearing, or trial. It serves as a directive, empowering police to locate, arrest, and detain the named person until they can be brought before the court.
Understanding the Basics of a Bench Warrant
A bench warrant is a serious legal instrument that underscores the importance of adhering to court orders. It's not issued lightly and signifies a court's directive for an individual to be compelled to appear.
Key Characteristics
| Aspect | Description |
|---|---|
| Issued By | A judge of the court. |
| Trigger Event | Most commonly, failure to appear for a mandatory court appearance, such as a scheduled court date, a hearing, or the start of a trial. |
| Purpose | To authorize law enforcement officers (police) to arrest the named individual. Its primary goal is to ensure the person's presence in court, which is crucial for the judicial process to proceed. |
| Immediate Outcome | Once arrested under a bench warrant, the individual will be held in custody. They will then be brought before the court as soon as possible, typically for a bail hearing or to address the original reason for their missed appearance. |
| Scope | While issued in Alberta, a bench warrant can be enforced by police across Canada. |
When is a Bench Warrant Issued?
A bench warrant is typically issued when an accused person, witness, or even a victim fails to appear in court as required. This includes:
- Missed Court Date: Failing to show up for a scheduled arraignment, plea, pre-trial conference, or any other mandatory appearance.
- Failure to Appear for Trial: Not attending the commencement or continuation of one's trial.
- Non-Compliance with Summons/Subpoena: A witness or other party failing to appear after being lawfully summoned or subpoenaed.
The judge issues the warrant "from the bench" (hence the name) in response to the non-appearance, indicating the court's authority to enforce attendance.
Consequences of a Bench Warrant
Having an active bench warrant can have significant and immediate consequences:
- Arrest at Any Time: Police officers can arrest you at any location and any time they encounter you, whether during a routine traffic stop, at your home, or at your workplace.
- Custody: You will be taken into custody and held until you can be brought before a judge. This could mean spending time in a police holding cell or detention center.
- New Charges: In some cases, failing to appear in court can lead to additional charges, such as "failure to appear," which carries its own penalties.
- Impact on Bail: If you were previously released on bail or a promise to appear, the bench warrant could lead to the revocation of your release conditions, potentially making it harder to secure bail again.
- Travel Restrictions: An active warrant can complicate or prevent international travel, as warrants are often entered into national police databases.
What to Do If You Have a Bench Warrant
If you suspect or know that a bench warrant has been issued for your arrest in Alberta, it is crucial to address it promptly and responsibly. Ignoring it will only prolong the inevitable and potentially worsen the situation.
Here are recommended steps:
- Contact a Lawyer Immediately: This is the most critical first step. An experienced criminal defence lawyer can:
- Verify if a warrant exists.
- Advise you on the best course of action.
- Potentially negotiate your surrender to minimize time in custody.
- Represent you during your appearance before the judge.
- Understand the Reason: Your lawyer can help determine why the warrant was issued and what steps are needed to resolve the underlying issue that led to the missed court date.
- Arrange to Turn Yourself In (Under Legal Guidance): While daunting, surrendering yourself to the police under the guidance of your lawyer is often the most controlled way to manage the situation. Your lawyer can coordinate with the police and the court to facilitate your appearance, potentially leading to a quicker release or bail hearing.
- Prepare for Court: Be prepared to explain to the judge why you missed your original court date. Valid reasons (e.g., medical emergency, unforeseen circumstances) might be considered, though simply forgetting is generally not accepted.
Addressing a bench warrant proactively with legal assistance can help mitigate the negative impacts and guide you through the process effectively.
