Category: Warrants · Statute: F.S. 901.02 · Source: Florida Legislature
Understanding Bench Warrant (Detailed) in Florida
In Florida, a bench warrant is a specific type of arrest warrant issued directly by a judge "from the bench" rather than being initiated by a law enforcement officer's sworn affidavit. Under Florida Statute Section 901.02, a judge has the authority to issue an arrest warrant when a defendant fails to comply with a court order. The most common catalyst for a bench warrant is a Failure to Appear (FTA) for a mandatory court hearing, such as an arraignment, pretrial conference, or trial. It can also be issued if a defendant violates a direct order of the court, such as failing to pay court-ordered child support or refusing to comply with a subpoena.
Unlike standard arrest warrants that arise from an active criminal investigation, a bench warrant focuses on upholding the authority and schedule of the judicial system. Once a Florida judge signs a bench warrant, it is entered into the Florida Crime Information Center (FCIC) database, making it accessible to law enforcement statewide. The warrant remains active indefinitely, meaning it does not expire over time. A person with an active bench warrant can be arrested at any time during a routine traffic stop, at their workplace, or at their residence, and will remain in custody until they are brought before a judge or post the required bond.
Bail and Pretrial Release Impact
When a Florida judge issues a bench warrant for failing to appear, they often attach a specific cash bond or "no bond" status to the warrant. If a "no bond" hold is placed, the individual cannot be released through a bail bondsman until they are brought before a judge at a First Appearance (First Presentation) hearing. At this hearing, the judge will decide whether to reinstate the original bond, set a new, typically higher, bond amount, or release the individual on their own recognizance with strict supervision conditions.
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