Warrants & Failure to Appear

What is a bench warrant?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A warrant issued by a judge from the bench, most commonly when someone fails to appear as ordered.

It comes directly from the judge in an existing case rather than from an investigation. The typical triggers are failing to appear for a scheduled hearing, failing to comply with a court order, or failing to complete something the court required.

Bench warrants frequently issue without bond, or with a bond higher than the original, because the court's concern is now appearance rather than the underlying charge.

They also don't go away on their own. A bench warrant from a case years old remains active, and people encounter them long after they've forgotten the underlying matter.

What resolves one: a motion to recall or set aside, generally supported by an explanation for the failure to appear. Courts respond differently to "I was in the hospital" with records attached than to "I forgot," but both are better addressed by motion than by arrest.

These don't expire. The old ones surface at the worst possible moment. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.