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 another party violates court rules. Common reasons for bench warrants include:

• missing a court appearance
• failing to pay criminal fines, fees, or restitution
• failing to pay child support (after a contempt finding)
• failing to respond to a jury summons
• failing to respond to a subpoena, and
• violating a term of probation.

The point of a bench warrant is to enforce compliance with court orders.

How Is a Bench Warrant Enforced?

Once issued, court or law enforcement staff enter the bench warrant into an official database that local police and other law enforcement agencies can search. Police can access the database during routine traffic stops, patrols, investigations, and other incidents. If an officer pulls over someone with a bench warrant, the officer can arrest the person and haul them into court. This usually means the person will be booked and held in jail until a judge becomes available.

In some cases, an officer might actively search for someone's whereabouts to enforce the bench warrant. The officer might show up at a person's workplace, college, or home to make an arrest.

What Does It Mean When a Bench Warrant Is Recalled?

Bench warrants that are recalled have been canceled or withdrawn, and law enforcement no longer has the authority to arrest that person. But don't count on a recall magically happening. Bench warrants don't generally expire. Judges recall warrants once the underlying issue has been resolved, such as the person showing up in court, paying their outstanding fines or fees, or posting a bond.

Bench Warrants vs. Arrest Warrants

Both bench warrants and arrest warrants authorize an officer to arrest a person and bring them before a judge. But the similarities generally stop there.

Bench warrants. Judges initiate bench warrants when a person fails to follow a court order.

Arrest warrants. Police and prosecutors initiate the arrest warrant process by filing statements with the judge explaining why they believe the person committed a crime. Prosecutors might also seek an arrest warrant after a grand jury hands down an indictment. 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. Officers who see a crime taking place don't need a warrant—they can arrest the person right then and there. But other circumstances may necessitate getting an arrest officer.

How to Clear or Resolve a Bench Warrant

Bench warrants can stick around for years, and they can sneak up on a person when they least expect it. It's often best to proactively address a bench warrant. Taking proactive steps often goes a long way with the judge. You might want to hire an attorney to help you resolve the warrant. Othertimes, you can do it by yourself by calling the court clerk, posting a bond, or attending a walk-in docket. Check out "How to Quash a Warrant" to learn more.