Bench Warrant – definition
A bench warrant is a legal order issued by a judge or court that authorizes the arrest and detainment of a person who has failed to appear in court at a scheduled hearing or has disobeyed a court order. Unlike an arrest warrant, which is usually based on probable cause of a crime, a bench warrant arises as a consequence of contempt of court due to non-compliance with court proceedings or directives.
The bench warrant empowers law enforcement to take the individual into custody to bring them before the court. Typically, police do not actively seek out the individual unless encountered during routine stops or investigations.
Key aspects of the concept
- Issued by a judge for failure to appear or comply with court orders.
- Represents contempt of court rather than an accusation of a new crime.
- Allows law enforcement to arrest and detain the person named in the warrant.
- Usually arises in both criminal and civil cases.
- Does not require probable cause like an arrest warrant.
Examples of use of “Bench Warrant”
- A defendant missing a scheduled court appearance on a traffic violation.
- Someone failing to comply with a court order to appear for jury duty.
- An individual ignoring a subpoena to testify in a legal case.
See also
- Arrest Warrant
- Contempt of Court
- Court Order
- Bail