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.