A bench warrant is issued by a judge (from the bench) when someone fails to appear in court as required. Unlike arrest warrants based on suspected crimes, bench warrants result from missing court dates. Understanding how bench warrants work and how to resolve them helps you avoid arrest and additional charges.
Why Bench Warrants Are Issued
Courts issue bench warrants when you fail to appear for a scheduled court date, fail to pay a court-ordered fine, fail to complete probation requirements, or fail to comply with a court order.
Missing a single court appearance can trigger a bench warrant. The court doesn't need to prove you intentionally missed—the failure to appear itself justifies the warrant.
Consequences of an Active Warrant
With an active bench warrant, you can be arrested at any time—during traffic stops, at routine checkpoints, when law enforcement runs your name for any reason, or even at your home. Some jurisdictions actively pursue bench warrants; others wait until you're encountered.
Additional charges often follow. Failure to appear (FTA) can be a separate criminal offense. Missing court on a misdemeanor can result in a misdemeanor FTA charge; missing on a felony can be a felony FTA.
Your bail may be forfeited if you were released on bail. Any pending case typically gets worse—judges are less sympathetic to defendants who skip court.
Finding Out If You Have a Warrant
Check court records online (many jurisdictions have searchable databases), call the court clerk's office, or have an attorney check for you. Don't call the police department to ask—they may arrest you.
An attorney can often determine warrant status without risking arrest.
Resolving a Bench Warrant
The safest approach is working with an attorney. Attorneys can often appear on your behalf to request the warrant be recalled (cancelled) and a new court date set. This avoids arrest and jail time.
Alternatively, you can turn yourself in at the courthouse (not the police station). Surrender at the courthouse when court is in session—you can see a judge immediately rather than sitting in jail. Bring an attorney if possible.
In some jurisdictions, bench warrant resolution programs allow people to clear minor warrants without arrest during designated periods.
What Happens After Arrest
If arrested on a bench warrant, you'll be held until you see a judge. This could be hours or days depending on the jurisdiction. The judge will address why you missed court and determine whether to set new bail, increase bail, or deny bail.
Having an attorney ready can significantly improve outcomes at this hearing.
Defenses to Failure to Appear
Valid defenses to FTA charges include never receiving notice of the court date, medical emergency preventing attendance, natural disaster or other extraordinary circumstances, and being incarcerated elsewhere at the time.
Documentation is essential. Medical records, proof of alternative incarceration, or evidence of the emergency supports your defense.
Preventing Bench Warrants
Never miss a court date. If you absolutely cannot attend, contact the court clerk in advance to request a continuance. Keep all court paperwork with dates clearly marked. Update your address with the court so you receive notices.
If you're unsure about a date, check with the court—it's better to verify than to miss.
Outstanding Warrants in Other States
Out-of-state bench warrants complicate matters. Some states extradite for bench warrants; others don't for minor offenses. You may need to resolve the warrant in the issuing state, either by traveling there or working with attorneys in both states.
Getting Legal Help
An attorney can often resolve bench warrants without you being arrested. They negotiate with prosecutors, request warrant recalls, and represent you at hearings. Given the risk of arrest and additional charges, legal help is worthwhile for outstanding warrants.