Bench Warrant vs. Arrest Warrant: Key Differences
Although both warrants can result in an arrest, they are issued for very different reasons.
| Feature | Arrest Warrant | Bench Warrant |
|---|---|---|
| Why It Is Issued | Law enforcement believes a crime was committed and has probable cause | A person failed to comply with a court order |
| When It Is Issued | Usually at the beginning of a criminal case | During an existing court case |
| Common Reasons | Criminal accusations, investigations, or charges | Failure to appear, unpaid fines, probation violations |
| Issued By | Judge or magistrate | Judge |
| Can It Lead to Arrest? | Yes | Yes |
Understanding the distinction is important because the legal options available may differ depending on the type of warrant involved.
What Is the Difference Between a Warrant and a Bench Warrant?
A warrant is a broad legal term that refers to a court order authorizing a specific action. There are many types of warrants, including arrest warrants, search warrants, and bench warrants.
A bench warrant is a specific type of warrant issued directly by a judge, often when a person fails to comply with a court order. Common reasons include missing a court date, failing to pay court-ordered fines, violating probation, or failing to comply with other court requirements.
In other words, every bench warrant is a warrant, but not every warrant is a bench warrant.
Can You Go to Jail for a Bench Warrant in Ohio?
Yes. A bench warrant authorizes law enforcement officers to take you into custody and bring you before the court.
Whether you remain in jail after your arrest depends on several factors, including the reason the warrant was issued, your criminal history, and the judge's decision regarding bond or release conditions.
In many situations, addressing a bench warrant proactively through an attorney can help reduce the risk of an unexpected arrest.
How Do You Clear a Bench Warrant in Ohio?
The process for resolving a bench warrant depends on the circumstances of the case. In some situations, an attorney may be able to request a new court date or file a motion asking the court to recall the warrant.
In other cases, the court may require the individual to appear before a judge before the warrant can be resolved.
Ignoring a bench warrant rarely makes the problem go away. In fact, it often increases the likelihood of arrest during a routine traffic stop or other interaction with law enforcement.
Does a Bench Warrant Expire in Ohio?
Generally, bench warrants do not automatically expire simply because time has passed.
Many people mistakenly believe that an old warrant will disappear after a certain number of years. In reality, a bench warrant often remains active until the court recalls it or the individual appears before the court to address the underlying issue.
If you believe there may be an outstanding warrant for your arrest, it is important to address the matter as soon as possible.
What Happens If You Have an Active Warrant?
An active warrant can affect your daily life in several ways. You may be arrested during a traffic stop, while renewing a driver's license, or during any interaction with law enforcement.
Depending on the circumstances, an active warrant may also impact employment opportunities, professional licenses, travel plans, and pending court matters.
Speaking with a criminal defense attorney can help you understand your options and develop a strategy for resolving the warrant with the least disruption possible.
No warrant that you receive should be ignored. It will still exist in your file and failing to act on these official court records will complicate your case and could cause jail time.
How do I know if a warrant has been issued?
In either case, you can take proactive measures to find out if a court issued a warrant against you. You can search the court database online, or hire a criminal defense lawyer to do it for you. Your appearance date will be specified in the court's paperwork, along with any penalties for missing it.
Search the public record using Franklin County Municipal Clerk Lori Tyack’s Court Access and Search Engine (CASE).
PLEASE NOTE: all individuals with outstanding warrants are strongly encouraged to contact a criminal defense attorney.
