Legal Definitions - bench warrant

Bench Warrant

A bench warrant is a legal order issued directly by a judge (often referred to as "the bench") that authorizes law enforcement to arrest and bring a specific person before the court. It is typically issued when someone has failed to comply with a court order, such as not appearing for a scheduled hearing, violating the terms of their probation, or being found in contempt of court. Bench warrants can be issued in both criminal and civil cases.

Here are some examples:

• Example 1: Sarah was issued a speeding ticket and was required to appear in traffic court on a specific date. She forgot about the court date and did not show up. The judge, seeing that Sarah failed to appear, issued a bench warrant for her arrest.

  Explanation: This illustrates a bench warrant issued in a criminal (or quasi-criminal, like traffic) case due to a person's failure to appear for a mandatory court hearing. The warrant authorizes police to apprehend Sarah and bring her before the judge to address both the original charge and her non-appearance.

• Example 2: In a contentious business dispute, a judge ordered Mr. Chen to produce specific financial records to the opposing side by a firm deadline. Despite multiple warnings from the court, Mr. Chen deliberately refused to provide the documents. The judge, finding him in contempt for defying a direct court order, issued a bench warrant for his arrest.

  Explanation: This example demonstrates a bench warrant issued in a civil case. Mr. Chen's deliberate refusal to follow the judge's order to produce documents constitutes contempt of court, leading the judge to issue a warrant to compel his appearance and address his non-compliance.

• Example 3: Mark was on probation after being convicted of a minor offense. One of the conditions of his probation was to regularly check in with his probation officer and attend mandatory counseling sessions. After missing several check-ins and counseling appointments, his probation officer reported the violations to the court. The judge then issued a bench warrant for Mark's arrest.

  Explanation: Here, a bench warrant is issued in a criminal context because Mark violated the terms of his probation, which are court-ordered conditions. The warrant allows law enforcement to arrest him and bring him back before the judge to determine the consequences of his probation violations.