Define Bench Warrant
A bench warrant is a legal document issued by a judge allowing law enforcement to detain and arrest an individual. A bench warrant can be handled and treated by the police as any other warrant, allowing them to use justifiable force if necessary when serving the warrant.
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Reason
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A bench warrant occurs when an individual has failed to appear before the court at a specific time and date. The reasons behind the appearance can range from a traffic citation to a criminal matter to a subpoena.
Criminal
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A bench warrant is issued by a judge. Once the bench warrant has been served for an indictment, criminal proceedings begin.
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Contempt
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Contempt of court can also result in a bench warrant and can be served immediately while an individual is in court. Warrant arrests resulting from a contempt of court charge can hold the individual without bail until the individual is seen by a judge.
Subpoena
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A subpoena is issued to a witness in order for an individual to appear at a specific hearing. Failure to appear as a witness can also result in a bench warrant being issued. The warrant then compels an individual to appear and give testimony.
Recall
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An individual may obtain an attorney to represent them before a bench warrant is served. Often an attorney can persuade a judge to withdraw the warrant, allowing the individual to appear before the court of his own free will.
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