Bench Warrant: What to Do If One Is Issued Against You

A bench warrant is a legal order issued by a judge that authorizes the immediate arrest of an individual who has failed to comply with a court order or appearance. Unlike arrest warrants that are usually initiated by law enforcement through investigation, a bench warrant is issued directly by the court, typically because the person did not appear in court when required or failed to follow specific conditions of release. In Canadian criminal law, the consequences of a bench warrant can be serious, including arrest, detention, and a negative impact on your current legal matters. If you learn that a bench warrant has been issued for your arrest, it’s crucial to act quickly and consult with a criminal defence lawyer who can guide you through the process and help resolve the situation effectively

When Is a Bench Warrant Issued?

A bench warrant is typically issued under the following circumstances: failure to appear in court as directed by a summons, appearance notice, or release order, failure to attend court-ordered fingerprinting, failure to comply with bail or probation conditions, or failing to respond to a subpoena as a witness. Regardless of the reason, once a bench warrant is issued, police have the authority to arrest you and bring you before the court, often without prior notice

How Will You Know If a Bench Warrant Has Been Issued?

You may not always be notified directly. In some cases, people find out there is a warrant only after being stopped by police for an unrelated matter. A criminal defence lawyer can assist by checking with the courthouse or police service on your behalf to determine whether a warrant is active. In some jurisdictions, you may be able to inquire directly at the courthouse, but you risk being arrested on the spot. That’s why it is best to have a lawyer confirm the status and help you take appropriate steps to respond

What Happens After a Bench Warrant Is Issued?

Once a bench warrant is in place, you may be arrested at any time, including at your home, workplace, or during a routine traffic stop. After arrest, you will typically be held in custody until you are brought before a judge. Depending on the nature of your original charge and the circumstances of the missed appearance or violation, you may be released on new conditions or detained until your matter is resolved. In some cases, the Crown may oppose bail altogether. A bench warrant also becomes part of your criminal record history, which can impact how courts and prosecutors view your reliability in future proceedings

Consequences of a Bench Warrant

The issuance of a bench warrant carries significant legal consequences. These may include immediate arrest and detention, additional criminal charges for failing to appear under section 145 of the Criminal Code, loss of bail or stricter release conditions, damage to your credibility in court, and negative implications for immigration status if you are not a Canadian citizen. Even if the underlying charge is minor, failing to address a bench warrant can escalate the situation significantly

How to Resolve a Bench Warrant

Resolving a bench warrant typically requires appearing before the court that issued it. In some cases, your lawyer may be able to bring a motion or application to cancel or quash the warrant without requiring your arrest. This is especially common in summary conviction matters or where the breach was not intentional. If arrest is unavoidable, your lawyer can arrange for you to surrender voluntarily, which often leads to more favourable treatment than being picked up by police. Your lawyer can also help negotiate with the Crown to avoid additional charges or to argue for your release on the same or less restrictive bail conditions

Defences and Mitigating Factors

If you failed to appear in court due to a legitimate reason, such as a medical emergency, transportation failure, or miscommunication, your lawyer can present this as a lawful excuse. Courts are more understanding when there is evidence that the failure to attend was not willful. Showing that you acted quickly to resolve the matter and that you have no history of breaching conditions can also help mitigate the consequences. In some cases, your lawyer may argue that your conditions were unclear or that notice was not properly served. Charter arguments may also be raised if your arrest or detention violated your constitutional rights

Why You Should Never Ignore a Bench Warrant

Ignoring a bench warrant will not make it go away. In fact, it increases the likelihood of arrest and detention at an inconvenient or humiliating time. It also limits your lawyer’s ability to advocate on your behalf. Courts generally respond more favourably to individuals who take responsibility and show a willingness to cooperate with the legal process. The longer you wait, the more serious the consequences may become

How a Criminal Defence Lawyer Can Help

A criminal defence lawyer plays a critical role in addressing a bench warrant. Your lawyer can check if a warrant exists without putting you at risk of arrest, negotiate with the Crown to quash the warrant or avoid further charges, schedule a court appearance to resolve the warrant proactively, argue for bail or non-custodial release if you are arrested, and ensure your rights are protected throughout the process. A lawyer’s involvement can significantly reduce the negative impact of a bench warrant on your case and improve your chances of resolving the issue efficiently

Why Choose De Boyrie Law

At De Boyrie Law, we understand how overwhelming it can be to learn that a warrant has been issued for your arrest. Our experienced legal team is committed to acting quickly, communicating with the court on your behalf, and ensuring that your case is resolved with the least amount of disruption to your life. Whether you are dealing with a missed court appearance, a breach of bail, or a related matter, we provide the guidance and representation you need to protect your rights and reputation

Schedule a Free Consultation with De Boyrie Law

If a bench warrant has been issued against you, take control of the situation now. Contact De Boyrie Law for a free, confidential consultation. We’ll help you understand your options and work to have the warrant resolved as quickly and favourably as possible