What Is a Bench Warrant?
A bench warrant is a warrant issued by a judge, usually because a person did not show up for a court date or did not follow a court order. It authorizes police to arrest the person and bring them to court, and it generally stays active until the person appears before a judge. Missing court can also lead to a separate failure-to-appear charge and loss of any bail posted.
What the law says
- Example (Arizona): bench warrants are issued by a court through a judge, magistrate, commissioner, or justice of the peace, typically when a defendant fails to appear for court or fails to comply with a court order; one may also be issued for failure to pay court-ordered restitution. Arizona Judicial Branch, Self-Service Center: Warrants
- Example (Arizona): police can arrest the defendant once a bench warrant is issued; the defendant sees a judicial officer within 24 hours, and release conditions, including bond, are considered. Arizona Judicial Branch, Self-Service Center: Warrants
- Example (Arizona): a failure to appear can also lead the prosecutor to file a new criminal charge. Courts can also issue arrest warrants in non-criminal matters, such as a child support case or when a person fails to appear for a judgment debtor exam or under a subpoena. Arizona Judicial Branch, Self-Service Center: Other Types of Arrest/Bench Warrants
- Example (Arizona): the court may issue a re-arrest warrant if a person on probation commits a new offense or violates a probation condition. Arizona Judicial Branch, Self-Service Center: Other Types of Arrest/Bench Warrants
- In federal court, if a defendant fails to appear in response to a summons, a judge may, and on the government's request must, issue an arrest warrant. Federal Rules of Criminal Procedure, Rules 4(a) and 9(a) (Dec. 1, 2025)
- Under federal law, knowingly failing to appear in court as required by release conditions is a separate crime. If the original charge is a felony not in a higher category, the penalty is a fine, up to two years in prison, or both; for a misdemeanor, a fine, up to one year, or both. Any prison term runs consecutively to the sentence for any other offense. 18 U.S.C. 3146 (via govinfo.gov, U.S. Code 2023 edition)
- Federal law gives a defense if "uncontrollable circumstances" prevented the person from appearing, the person did not recklessly contribute to them, and the person appeared or surrendered once the circumstances ended. A judge may also declare property designated under the release conditions forfeited. 18 U.S.C. 3146(c)-(d) (via govinfo.gov, U.S. Code 2023 edition)
- A person arrested on a federal warrant issued in another district for failing to appear must be taken without unnecessary delay before a magistrate judge in the district of arrest (Rule 40(a)). Federal Rules of Criminal Procedure, Rule 40(a) (Dec. 1, 2025)
- Example (Alaska): if a defendant fails to appear, the prosecutor can add a failure-to-appear charge and the judge can issue an arrest warrant; the defendant may forfeit a secured bond. Alaska Court System, Steps in a Criminal Case
- Example (Solano County, California): a bench warrant may be issued for failure to appear; if you posted a bail bond, it is forfeited, and you must appear at the next hearing with a Reassumption of Liability form from the bond company. The warrant stays active until you appear at the scheduled hearing. Superior Court of California, County of Solano, Criminal Court
- Example (Blaine Municipal Court, Washington): a defendant or attorney may request a hearing to quash a warrant, but the defendant "will still be subject to arrest on the warrant until the defendant has appeared in open court" unless the court authorizes otherwise; the local rule lists a $100.00 bench warrant fee. Blaine Municipal Court Local Rule BNMCrR 2.2, Quashing Warrants (Washington Courts)
FAQ
What is the difference between a bench warrant and an arrest warrant?
Arizona's courts describe an arrest warrant as issued when a judge receives a sworn statement showing a reasonable belief that a person committed a crime, while a bench warrant is typically issued when a defendant fails to appear or fails to comply with a court order. Both allow police to arrest the person.
Can I be arrested on a bench warrant at a traffic stop?
Arizona's courts say police can arrest the defendant once the warrant is issued, and the warrant stays in effect until the person is arrested or appears before the court.
How do I get a bench warrant lifted?
Generally by appearing before the judge. In Solano County, California, you can go to any law enforcement agency or, for misdemeanors, ask the clerk to put the case on calendar; the warrant stays active until you appear. In Blaine, Washington, you can request a hearing to quash the warrant.
Is missing court a separate crime?
It can be. Federal law makes knowingly failing to appear as required by release conditions a crime, and Alaska's and Arizona's courts say a prosecutor can file a failure-to-appear charge.
What happens to my bail if I miss court?
It may be lost. Solano County's court says a posted bail bond is forfeited, and Alaska's guide says a defendant may forfeit a secured bond. Federal law also lets a judge declare property designated under release conditions forfeited.
What if I missed court because of an emergency?
Under federal law, it is a defense to a failure-to-appear charge if uncontrollable circumstances prevented appearing, the person did not recklessly contribute to them, and the person appeared or surrendered as soon as the circumstances ended. State rules differ.
Related
- Can Criminal Charges Be Dropped?
- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.