What Is a Bench Warrant?

A bench warrant typically means you're in trouble with a judge, whereas police often ask for arrest warrants to bring in criminal suspects. Either type of warrant, though, can result in your arrest and jail time.

What Is a Bench Warrant?

Judges issue bench warrants when a defendant or other party violates court rules. Most often, it's when a criminal defendant fails to show up in court. The court might also issue a bench warrant after finding someone in contempt for failing to pay child support or not showing up for jury duty. Subpoenaed witnesses who fail to show up and testify can also be subject to a bench warrant.

Once a bench warrant is issued, however, the police can treat it like any other arrest warrant—and use it to bring the defendant back in front of the judge. (For more on failing to appear in court, see Bail Jumping—or Failing to Appear After Bailing Out.)

What Is an Arrest Warrant?

By contrast, a police officer initiates the arrest warrant process by filing a statement with the judge that explains why the officer believes that the person named has committed a crime (in legalese, the officer is showing "probable cause" to arrest the person). If convinced, the judge signs the warrant, and the police can make the arrest. This process doesn't require police officers to run to court for arrest warrants for every purse-snatcher they see. Many jurisdictions allow officers to call the on-duty judge to request a warrant, and many arrests don't require a warrant at all.

The most typical use of an arrest warrant is when an officer wants to arrest someone in their home. Simply busting down the suspect's front door in such a non-emergency situation would be neither polite nor legal.