Oregon Bench Warrant Information

When a person is charged with a crime, a judge may release him on his own recognizance or with bail or bond as security to insure his return to court. That person is required to appear in court as scheduled or risk forfeiting any bail or bond posted.

Bench Warrants

When a defendant is released with a criminal matter still pending, she may be required to appear in court for a pre-trial conference, trial or sentencing. Under Oregon Revised Statutes 131.005 and 137.050, a bench warrant is a court order for the arrest of a defendant who failed to appear in court.

Arrest

Oregon Revised Statute 135.280(2) states that a bench warrant authorizes a peace officer to arrest the defendant and return him to jail until he is brought back in front of the judge. A peace officer can be a police officer or a bail bondsman at risk of losing the money she posted for bail on the defendant's behalf.

Forfeiture

After a bench warrant is issued, if an arrest is not made within 30 days, Oregon Revised Statute 135.280(3) allows the court to order any bail, bond or other security posted for the defendant's initial release be forfeited.

References

• Oregon State Legislature: Oregon Revised Statutes -- 2009: Section 131.005 General Definitions.
• Oregon State Legislature: Oregon Revised Statutes -- 2009: Section 137.050 Nonattendance or nonappearance...
• Oregon State Legislature: Oregon Revised Statutes -- 2009: Section 135.280 Arrest Warrant; Forfeiture.