Bench Warrant

Overview of Bench Warrants

A bench warrant is a type of decree or document that is issued by a judge and authorizes the arrest of a person so as to be brought before the court.

Bench warrants are usually used when person fails to appear in court on a specified date.  Judges, or in some area’s magistrates, use bench warrants to enforce the expectation that accused persons must appear and face their charges in a court of law.  Bench warrants literally translate to an authorization for the “on-sight” arrest of the suspect or what will ultimately be the defendant.

When a bench warrant is issued against an individual, it is often assumed that the individual has purposely avoided appearing in court.  Such behavior directly impacts weather bail will set at all and if it is set, how much it will be. 

As a general rule, judges and magistrates will deny bail to suspects that have fled in the past or in a variety of ways indicate that they will attempt to flee / not appear in court.