Bench Warrant
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Plain-English Meaning
A warrant issued directly by a judge — from the bench — ordering the arrest of a person who failed to appear in court or violated a court order. Unlike an arrest warrant, a bench warrant is issued by the judge without a new criminal complaint.
Legal Context
In New York, bench warrants are issued under CPL § 530.70 when a defendant fails to appear on a scheduled court date. Once issued, the warrant is entered into law enforcement databases and the defendant may be arrested at any time — during a traffic stop, at home, or at work. The case cannot proceed until the defendant is brought before the court. Bench warrants can sometimes be vacated (recalled) by appearing in court with an attorney.
Real-Life Example
Carlos missed his court date because he forgot to update his address and never received the notice. A bench warrant was issued. Three years later he was stopped for a broken taillight and arrested on the warrant. His attorney appeared in court the next day to vacate the warrant and reschedule the case.
Related Statutes
Related Terms
Source
Based on N.Y. CPL § 530.70. Original B-Legal plain-language explanation.
N.Y. CPL § 530.70
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.