Terms
Bench warrant
A bench warrant is an order issued by a judge for the arrest or apprehension of an individual who has committed some contempt against the courts. When a person fails to appear in court as required, the judge may issue a bench warrant authorizing his/her arrest. A bench warrant orders the police to find the offender, arrest them, and bring them before the issuing judge to answer the charge of contempt.
A bench warrant is issued for the sole purpose of apprehending an individual who has violated an order or requirement of the court. In this way, a bench warrant is different from an arrest warrant. Both of which are ordered by a judge and both authorize the arrest of an individual for legal violations. Arrest warrants, however, are issued for the arrest of a person suspected of committing a crime, whereas a bench warrant is issued for violations of court obligations.
When a judge issues a bench warrant, s/he will state the reasons it is being issued. The bench warrant should be presented to the individual upon arrest. Before issuing a bench warrant, a judge will often verify that the individual was, in fact, served with a written notice to appear before the court or comply with some other court request. The judge must have sufficient and appropriate cause for issuing the bench warrant.
When a person is arrested on a bench warrant, they are allowed the same rights as any arrested person. Violations of these rights may render a bench warrant or its consequences unlawful or inadmissible in a court. In many cases, a person who is arrested on a bench warrant will be brought before the issuing judge as soon as possible. When a judge issues a bench warrant, they will specify the conditions of an individual’s release and the bail amount, should the judge be unavailable at the time of the bench warrant arrest.
A bench warrant can be issued in both civil and criminal cases. Failure to pay child support, as indicated by a previous court ruling, is a common type of civil case where a bench warrant may be issued. If the individual fails to pay, they are in contempt of court, and a bench warrant can be issued for their arrest. In some civil cases, failure to appear before the court as ordered may result in a default judgment (not often in the defendant’s favor) as opposed to a bench warrant.
In criminal cases where a defendant fails to appear before the court as required, the prosecution may request that an arrest warrant be issued rather than a bench warrant. A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, probation requirements, community service, educational programs, or when the defendant commits a crime while on release pending the original trial.
In addition to a civil or criminal defendant, jurors and witnesses can also be named in a bench warrant for violations of their court obligations. If you would like to learn more about bench warrant, please contact us to speak with a qualified and experienced criminal defense attorney who can protect and maximize your legal interests.
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