Bench Warrant

A bench warrant is a written order issued by a judge authorizing the arrest of a person charged with some contempt, crime, or misdemeanor.

If someone has been arrested on a bench warrant, the judge and the court have determined a defendant has failed to appear in court. That warrant is known as a bench warrant and it’s something that will keep someone in jail with no bond.

Our criminal defense lawyers can often persuade the judge at a hearing to allow defendants to set some type of bond or some type of release by showing, for example, that it was inadvertent mistake that caused someone to miss their court date.

We might also remind the judge that a defendant has otherwise never missed court before and we’ll make guarantees that they will appear in court in the future.

We can also make a suggestion for the judge to impose, perhaps, a minimal bond to ensure there’s no further failures to appear in court.

If you or someone you know is facing a Bench Warrant, contact Jeff Quisenberry with the Fernandez Law Group today – we can help.

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A bench warrant is a type of arrest warrant issued by a judge or magistrate. It typically arises from a situation where a person fails to appear in court as required or violates a court order.

Here are some key points about bench warrants:

1. Origin

Bench warrants are usually issued directly from the bench, meaning from the judge’s position in the courtroom.

2. Common Reasons for Issuance

Failure to Appear: Missing a scheduled court date.
Contempt of Court: Disobeying a court order, such as not complying with child support payments.
Probation Violations: Breaching the terms of probation.

3. Enforcement

Law enforcement officers can arrest the individual named in the bench warrant at any time, regardless of where they are located.

4. Legal Implications

Having a bench warrant can lead to immediate arrest and can complicate future legal matters. It may also result in additional charges or penalties.

5. Resolution

To resolve a bench warrant, the individual must typically appear before the court. It’s advisable to seek legal counsel to navigate the situation properly.

6. Jurisdiction

Bench warrants are issued within the jurisdiction of the court that created them and are generally enforceable statewide.

If you believe there is a bench warrant against you or someone else, it’s important to address the situation promptly to avoid arrest and further complications.

* The hiring of a lawyer for defending against bench warrants is an important decision that should not be made until after a consultation and full discussion as to each individual’s specific situation and needs.
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Florida law regarding warrants:

2020 Florida Statutes, Chapter 901 – Arrests

901.02 Issuance of arrest warrants.—

(1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office.

(2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply:

(a) A complaint has been filed charging the commission of a misdemeanor only.

(b) The summons issued to the defendant has been returned unserved.

(3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint:

(a) Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically.

(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.

(4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.