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Bench Warrants
In some circumstances, a person has appeared in court or been arrested without a warrant and ordered to appear in court. If that individual fails to appear, the judge may issue a bench warrant. A bench warrant can issue for persons in contempt of court if that person failed to appear for a mandated court appearance. This can happen in either criminal or civil courtproceedings.
Persons free on bail awaiting criminal trial failing to appear in court run the risk of a bench warrant and of losing the bail posted to secure release from custody. Forfeiture of the bail explains the common name of bond forfeiture warrant. In such instances, the court may require posting of a higher bail amount for release from custody when the subject is re-arrested or deny bail.
Often, the re-arrested subject remains in custody without bail. Having failed to appear in court the defendant will be considered a flight risk.
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