Legal Question in Criminal Law in Pennsylvania

Bench Warrant v. Arrest Warrant

Defendant was charged with Misdemeanors Harassment and Stalking (PA code 2709)

When the Police Criminal Complaint was presented to the ''presiding authority'' (MDJ 49-3-02 Centre County), A BENCH WARRANT was issued and executed, and not an ARREST WARRANT. (i.e. the arrest was made under the bench warrant.)

(Note there was never initiated or issued any PFA or similar order from the court against the defendant, nor any proceeding to which defendant was ever summoned, or any other order from the the court of any kind.)

Is it normal to issue a BENCH WARRANT in a case like this? If not, is the arrest rendered illegal, as it was made under a bench warrant?

Further, who would be authorized to issue a Bench Warrant, or an Arrest Warrant--a judge/justice, or a subordinate staff member?

In short, who can issue (i.e. SIGN) a Bench Warrant, and who can issue (and sign) an Arrest Warrant?


Asked on 9/06/07, 2:43 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Bench Warrant v. Arrest Warrant

An arrest warrant is issued by a judge on probable cause that a crime has been committed. A bench warrant is issued by a judge do to the failure of a party or properly subpeonaed witness to appear. It sounds like the defendnat received a summons to appear and having failed to appear a bench warrant issued.

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Answered on 9/06/07, 5:34 am


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