Legal Question in Criminal Law in New Mexico

affidavit warrant vs bench warrant

Hello, would someone please tell me the difference between affidavit arrest warrant and arrest bench warrant? This would pertain to the state of New Mexico, if that would make a difference. Thank you.


Asked on 7/16/09, 3:57 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: affidavit warrant vs bench warrant

An arrest warrant is required to have an Affidavit of Probable Cause attached to give the Judge grounds upon which to issue (sign)it, and cause the subject to be arrested by a law enforcement officer. A Bench Warrant is issued by the Judge without an Affidavit when someone is in contempt of court, usually for failing to appear for a scheduled hearing.

Read more
Answered on 7/16/09, 1:30 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico