When an individual fails to comply with a court order, such as a child support payment or fails to show up for a criminal court date, the New York City Criminal Court may issue a warrant for their arrest. These civil contempt warrants, sometimes known as bench warrants, are typically given by a judge or magistrate in a case that does not require probable cause.
An officer is not required to have probable cause for an arrest without a warrant in nonemergency situations, but the Supreme Court has ruled that officers must have probable cause to enter suspects’ dwellings to make a warrantless arrest. In the 1980 Payton v. New York decision, the Court emphasized that a police officer’s need for probable cause to detain someone is more important than the actual factual circumstances surrounding the arrest.
In the case of a warrant for an individual, police must submit an affidavit to a judge or magistrate. This affidavit outlines the facts supporting probable cause to arrest the suspected criminal. The affidavit must contain at least a general description of the suspect and details why the officer believes probable cause exists. The affidavit must be reasonably specific so that the officer can determine whether the facts cited in it actually exist.
Although many people are unaware that they have a warrant out for their arrest, the New York City criminal defense lawyers of Kendra & Associates can help you discover any such warrants and ensure that your rights are protected. An attorney can contact the police on your behalf and request that they bring you into custody if the warrant is active. In this way, you can avoid the potentially serious penalties associated with bail jumping or other failures to comply with a court’s orders.
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