How to Get a Bench Warrant Enforced

Bench warrants can only be issued by a judge or magistrate.

A bench warrant is a type of arrest warrant issued by a judge or magistrate. These warrants are issued when a person ignores or fails to comply with the orders of the court, typically by failing to appear in court at an appointed time. As a citizen, you cannot directly enforce a bench warrant, though you can play an important part in ensuring such warrants are acted upon. The laws governing the use of bench warrants and their enforcement differ between states, so contact a qualified attorney in your area if you need legal advice about your particular situation.

Instructions

1. Gather information. Bench warrants are issued for specific violations of court orders and name the person who violated the order, known as the defendant. The warrant orders law enforcement to take the defendant into custody, and the only way this can happen is if the state learns of the defendant's location. Find out where the person is and write this information down. If you don't know where the defendant is, you can gather any information that would help investigators, such as where the defendant lived, who his friends are or other information.

2. Contact the person. The person named in the bench warrant can often deal with it on his own by contacting the court directly. For example, in Callhoun County, Michigan, the county has a court Bench Warrant Division, as well as a Friend of the Court. These court officers can work with defendants to pay the bond on a bench warrant or arrange for them to turn themselves in.

3. Contact law enforcement. Bench warrants can only be enacted upon by law enforcement agents or others who are ordered by the court to take the defendant into custody. Call your local law enforcement agency and tell them what you know about the person against whom the warrant was issued. If it is an emergency, call 9-1-1. If not, call the police department directly.

Tips & Warnings

• Always protect yourself by getting legal advice from an attorney. Anytime you speak to law enforcement or state agents you run some risk of exposing yourself to criminal liability. Talk to a lawyer first so you are sure your rights are protected.

References

• District of Columbia Office of the Attorney General: Brochures Bench Warrants
• Callhoun County Michigan: Bench Warrant FAQ Sheet