{"id":1596,"date":"2020-08-31T17:00:51","date_gmt":"2020-08-31T21:00:51","guid":{"rendered":"https:\/\/www.abijustice.org\/survivor\/?page_id=1596"},"modified":"2023-12-13T13:22:38","modified_gmt":"2023-12-13T18:22:38","slug":"bench-warrant","status":"publish","type":"page","link":"https:\/\/www.abijustice.org\/brain-injury-community\/criminal-court-proceedings-and-brain-injury\/bench-warrant\/","title":{"rendered":"Bench Warrants"},"content":{"rendered":"

[vc_row full_width=”stretch_row” css=”.vc_custom_1601190634968{padding-top: 60px !important;}”][vc_column width=”1\/4″][vc_separator][vc_wp_custommenu nav_menu=”57″][\/vc_column][vc_column width=”3\/4″][vc_text_separator title=”Bench Warrants” color=”custom” accent_color=”#11ae4b” css=”.vc_custom_1601655002893{padding-bottom: 20px !important;}”][vc_tta_tabs color=”sky” active_section=”1″][vc_tta_section title=”Warrant in Your Name?” tab_id=”1601120689214-9eb6269e-68ac”][vc_column_text]If you believe there is a warrant in your name, you should have a LAWYER to assist you, preferably one with experience dealing with clients who have a brain injury.\u00a0<\/b><\/p>\n

Duty counsel<\/abbr> <\/b>(the free lawyer at court), cannot assist you with most parts of a criminal case, including trials or set date appearances (they may be able to help you with bail if you qualify). They are no longer even allowed to provide any assistance or advice unless your income is below the qualifying amount. Duty counsel<\/abbr> cannot help you turn yourself in if you have an outstanding warrant.\u00a0\u00a0\u00a0<\/span><\/p>\n

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[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Types of Warrants” tab_id=”1601120689236-f2ea58aa-241e”][vc_column_text]a) ARREST WARRANT<\/b><\/p>\n

A court ordered document that allows the police to arrest someone<\/span><\/p>\n

b) BENCH WARRANT<\/b><\/p>\n

An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain at a hearing or trial. Bench warrants are a form of arrest warrants.<\/span><\/p>\n

c) DISCRETIONARY BENCH WARRANT<\/b><\/p>\n

In circumstances where a person does not appear in court, the court may allow the person to attend on the <\/span>next appearance<\/b> by issuing a bench warrant “<\/span>with discretion<\/b>“. This process usually requires the person to have a lawyer, is in contact with the lawyer, and the lawyer appears or sends a message on their behalf. This process usually only applies to set date appearance, not trial or substantive motions. The matter is moved to another date and, if the person appears at that time, the warrant is cancelled.<\/span><\/p>\n

Further reference or information:<\/strong><\/em>\u00a0<\/span>https:\/\/www.attorneygeneral.jus.gov.on.ca\/english\/glossary\/?id=469#:~:text=Bench%20warrants%20are%20a%20form,time%2C%20the%20warrant%20is%20cancelled.<\/u><\/span><\/a>[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Additional Info” tab_id=”1601120878174-fbe0e81d-2d46″][vc_column_text]d) Additional Information <\/b><\/p>\n