Bench warrants, which are sometimes referred to as body attachments, are among the most common types of warrants issued. The basic bench warrant legal definition covers warrants that were issued by a judge, that is from the bench.
Unlike the typical arrest warrant, therefore, bench warrants are not issued based on suspected criminal activity. Instead, the judge will issue them for failure to appear in court, to pay a fine and/or obey other court orders.
When you do any of the above, you will be considered to be in contempt of court and you will be subject to a bench warrant. You might also be subject to probation violations, county jail or state prison sentences, enhanced fines and/or a suspension on your drivers’ license.
Judges also issue bench warrants for people who have been indicted by a grand jury. In such cases, the judge will issue
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If you fall in this category and do not appear even after a summons or a subpoena, then the court will issue an FTA notice before it proceeds to issue an actual bench warrant that might get you arrested.
Additionally, when the court believes that you are important to the case and/or that your immediate presence is required urgently, it might forgo the FTA notice and simply issue a bench warrant.
Punishment and Penalties for FTA in Court
When you willingly decide not to show up on scheduled court dates for misdemeanor cases after you had received an O.R. release (on your own recognizance), the prosecution might also charge you with an FTA as a misdemeanor.
To get convicted the prosecution should, however, show that you intended due process of court. This evidence will be established after you fail to appear 14 days after your appearance date. For felony cases, when you are released O.R., you might also get charged with felony FTA and you face fines, and state prison or county jail sentences.
Getting Help
Recalling and Quashing Bench