What is a bench warrant?

A bench warrant is an arrest warrant issued by a judge or magistrate. Unlike warrants issued by law enforcement, a bench warrant is typically issued for one of the following reasons:

• Failure to Appear (FTA): This is the most common reason. A bench warrant is issued when someone fails to appear in court for a scheduled hearing, trial, or other proceeding. This could be for a variety of reasons, including forgetting, a scheduling conflict, or deliberately avoiding court.

• Violation of Probation or Parole: If someone on probation or parole violates the terms of their release, a judge can issue a bench warrant for their arrest.

• Failure to Pay Fines or Restitution: If a court orders someone to pay fines or restitution (compensation to a victim), and they fail to do so, a bench warrant might be issued.

• Contempt of Court: This refers to actions that show disrespect or defiance toward the court's authority. This can range from disruptive behavior in the courtroom to ignoring a court order.

Key Characteristics of a Bench Warrant:

• Issued by a Judge: Unlike warrants issued by police, a bench warrant originates from a judge's order.
• Arrest Authority: A bench warrant gives law enforcement officers the authority to arrest the named individual immediately upon finding them.
• No Requirement for Prior Notice: Usually, there's no prior notice given before a bench warrant is issued – the failure to appear or other violation triggers the issuance.
• Can be Nationwide (or even International): Depending on the severity of the offense and the jurisdiction, a bench warrant can be valid in multiple states or even internationally through cooperation between law enforcement agencies.
• Can Lead to Arrest and Incarceration: If arrested on a bench warrant, the individual will likely be held until they can appear before a judge.

It's crucial to understand that ignoring a bench warrant will not make it go away. It will likely result in arrest, possibly further charges, and increased penalties. If you have a bench warrant issued against you, it is vital to contact an attorney immediately to resolve the underlying issue and avoid further complications.