Wichita Bail Bonds Blog

Both a bench warrant and a standard arrest warrant serve the purpose of authorizing law enforcement to take someone into custody, but they are issued under different circumstances and for different reasons. Understanding the difference helps clarify how and why a person might be arrested, even if they were not originally charged with a new crime.

What Is a Warrant?

An arrest warrant is issued by a judge or magistrate after law enforcement presents evidence that a person is suspected of committing a crime. The warrant authorizes the police to arrest the individual based on probable cause. This type of warrant usually follows a police investigation or criminal complaint.

• Issued for criminal charges based on an investigation
• Requires probable cause that the person committed a crime
• Allows immediate arrest by law enforcement

Standard warrants are used in a wide range of cases, including theft, assault, drug charges, and other criminal offenses.

What Is a Bench Warrant?

A bench warrant is issued directly by a judge, often from the bench in open court. It is typically used when someone fails to follow a court order or does not appear in court as scheduled. The term “bench” refers to the judge’s seat in the courtroom.

• Issued for non-compliance with court orders
• Commonly triggered by failure to appear (FTA)
• Can also be issued for unpaid fines, missed probation meetings, or ignoring subpoenas

Bench warrants are not usually tied to new criminal activity but rather to court process violations. Despite that, they can still lead to arrest and jail time.

Key Differences Between the Two

• Reason for issuance – Arrest warrants are issued for suspected criminal activity; bench warrants are issued for missing court or violating court orders.
• Who requests it – Arrest warrants are requested by law enforcement; bench warrants are issued by the judge on the court’s own motion.
• Underlying charges – Arrest warrants are tied to criminal charges; bench warrants may relate to any kind of case, including civil or traffic matters.

What Happens After a Warrant Is Issued?

Once a warrant (of either type) is issued, law enforcement can arrest the individual at home, work, during a traffic stop, or any time they are located. The person is then brought before the court to answer for the original matter and for the warrant itself. Failing to address a warrant can result in additional charges or harsher penalties at sentencing.

While both bench warrants and arrest warrants can lead to arrest and court appearances, the key difference lies in why they are issued. An arrest warrant is based on a new criminal accusation, while a bench warrant results from failing to comply with existing court obligations. Both are serious and should be handled promptly through legal counsel or voluntary court appearance.