What are Bench Warrants? 

A bench warrant is a legal document issued by a judge that orders the police to arrest someone who has skipped bail.

Bench warrants are given the name because they are issued while the judge is “sitting on the bench.”

Although widely used in criminal cases, bench warrants are not just for criminal cases but can also be used in civil cases. Not all bench warrants result in jail time and usually can be resolved easily.

However, if a person fails to respond to a bench warrant, it may result in further fines and ultimately imprisonment.

In most cases, bench warrants come with a bond amount, which is what you must pay in order to get out of jail.

Bench warrants can also be issued for other reasons, such as failure to pay a fine or failure to comply with a court order.

 

Related Questions on Bench Warrants

1. When does a judge issue a Bench Warrant?

A bench warrant is issued by a judge when someone fails to appear in court.

Bench warrants can also be issued for people who have failed to comply with a court order, such as failing to pay a fine or attend counseling.

Other possible reasons a bench warrant may be issued are:

  • Disregarding a subpoena to testify in a case
  • Failure to pay child support ordered by the court
  • Violation of probation

In child support cases, bench warrants are issued for the non-custodial parent (NCP).

Remember: In Tennessee, bench warrants don’t expire, and once a bench warrant is issued, the police can arrest the person at any time and bring them before a judge.

 

2. What is the difference? Bench Warrant vs. Arrest Warrant

There is a difference between a bench warrant and an arrest warrant.

To help you understand the difference, bench warrants are issued by the judge when a person fails to show up for court or follow court orders.

On the other hand, arrest warrants are issued when there is sufficient evidence that a crime has been committed.

 

3. What is Failure to Appear in Tennessee?

Failure to appear just means that a person who has been arrested and then released on bond fails to show up for court.

If you fail to appear, you may be subject to fines and penalties.

Under Tenn. Code § 39-16-609, Failure to Appear may be charged when an individual does not show up for court during any of the following situations:

  • “Has been lawfully issued a criminal summons pursuant to § 40-6-215”
  • “Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215”
  • “Has been lawfully issued a citation in lieu of arrest under § 40-7-118”
  • “Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place.”
  • “Knowingly goes into hiding to avoid prosecution or a court appearance.”

In Tennessee, Failure to Appear is considered a Class A misdemeanor. So, if you have a valid reason for missing a court date, contact your defense lawyer to quash the charge immediately.

 

4. What to do when you have a Bench Warrant? 

If you have a bench warrant, it’s important to contact an attorney as soon as possible. An experienced attorney can help you navigate the legal process and avoid going to jail.

In general, bench warrants include a bond amount, although in most misdemeanor cases, the amount is reasonably small and easy to pay—especially if you plan on getting a bail bond that only requires you to pay a 10% bail bond premium.

The other thing we’d recommend that you do is, of course, get a bail bond. To get started with us, call us today at (901) 523-2245.