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Bench Warrants
A Bench Warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
- If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
- If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
- If the defendant is released from custody on his own recognizance and promises to personally appear at court at a specific time and place.
- If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to appear in court at a specific time and place.
- If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
- If an information charge or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
The bench warrant may be served in any county in the same manner as a warrant of arrest.
Arrest Warrants
A warrant of arrest may be issued when a complaint is filed with a magistrate charging a public offense, if the magistrate is satisfied from the the complaint that the offense charged has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant.
- The warrant of arrest shall specify the name of the defendant or, if unknown, the defendant may be designated therein by any name. It shall also state the time of issuing it, and the city or county where it is issued, and shall be signed by the magistrate issuing it with the title of his office and the name of the court or other issuing agency.
- At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgement in accordance with the provisions of section 1275 PC. (this section deals with considerations the magistrate makes when determining the setting of bail). The amount will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect "The defendant is to be admitted to bail in the sum of ------------ dollars". (Stating the amount).
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