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.

Our Defense Lawyers are ready to provide you with a detailed consultation for FREE!

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CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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.
(c) The conditions of subsection (1) are met.

(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.
(c) If submitted electronically, is submitted by reliable electronic means.
(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.
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