Define: Bench Warrant

A bench warrant is a court order issued by a judge authorising law enforcement to arrest an individual and bring them before the court. Bench warrants are typically issued for failure to appear in court, failure to comply with a court order, or other violations of court rules or procedures. They are called “bench warrants” because they are issued from the judge’s bench, rather than in response to a criminal complaint filed by law enforcement. Once issued, a bench warrant allows law enforcement officers to arrest the individual named in the warrant and bring them before the court to address the underlying issues or charges. Failure to address a bench warrant can result in additional legal consequences, such as fines, imprisonment, or other sanctions imposed by the court.

A bench warrant is an arrest warrant issued by a judge or court. Bench warrants allow the police to bring a person to court to appear before the judge. Bench warrants are generally used when a person does not comply with a court order.

A bench warrant is generally filed if the judge demonstrates a personal knowledge of the contempt which instigated the warrant. If this is not the case, the judge generally will wait for an affidavit requesting a bench warrant. A bench warrant is different than a general arrest warrant, which is issued by the police when they have information that someone may be involved in a crime. In some cases, it may also be more difficult to get bail after a bench warrant if the court determines the defendant is a flight risk.

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This glossary post was last updated: 29th March, 2024.