Definition

Noun: A bench warrant is a legal document issued by a judge or court, typically from the bench during a proceeding, that authorizes law enforcement officers to arrest an individual and bring that person directly before the court. It is most commonly issued when a person fails to obey a court order, such as not appearing for a scheduled court date (failure to appear) or not complying with a subpoena.

Usage Examples

• The judge issued a bench warrant for the defendant after he did not show up for his trial.
• Because she ignored the subpoena, a bench warrant was put out for her arrest.
• The attorney requested that the bench warrant be recalled once her client turned himself in.

Advanced Usage & Notes

• Contrast with Arrest Warrant: A bench warrant is issued by a judge directly from the court (the "bench") due to contempt of court or failure to appear. An arrest warrant is usually issued based on evidence of a crime presented by law enforcement or a prosecutor before a court appearance has been scheduled.
• "To have a bench warrant out for someone": This is a common phrasing meaning a bench warrant has been issued and is active.
  • Example: He didn't know he had a bench warrant out for his arrest for an old traffic ticket.
• Recall/Quash a Bench Warrant: A judge can cancel or withdraw ("recall" or "quash") a bench warrant if the individual appears in court and provides a satisfactory explanation.

Variants and Related Words

• Capias: Another type of writ or legal order for arrest, often used synonymously with bench warrant in some jurisdictions.
• Alias Bench Warrant: A second or subsequent bench warrant issued for the same offense after an initial warrant was not served.
• Body Attachment: A similar court order to take a person into custody, often for contempt or failure to pay a court-ordered debt.

Synonyms

• Arrest warrant (specific type)
• Court order for arrest
• Judicial warrant

Related Legal Terms & Phrases

• Failure to Appear (FTA): The common reason for issuing a bench warrant.
• Contempt of Court: Disobeying a court order, which can also lead to a bench warrant.
• Surrender to the Warrant: The act of voluntarily turning oneself in to law enforcement or the court on an active warrant.
• Serve a Warrant: The act of a law enforcement officer executing the warrant by arresting the individual.

Noun

1. a warrant authorizing law enforcement officials to apprehend an offender and bring that person to court