What Are the Differences Between a Bench and Arrest Warrant?

 Posted on March 06, 2025 in Criminal Defense

Wisconsin law details two types of criminal warrants: arrest warrants and bench warrants. While both serve the same purpose - apprehending a person - they are each used for different reasons. If you have had any brushes with the legal system, including an arrest, you may have experienced either an arrest warrant or a bench warrant and may have contacted a criminal defense attorney. Below, you will see the differences between the two. Contacting an experienced Walworth County, WI criminal defense attorney can ensure you receive an aggressive defense no matter what type of crime you are being charged with.  

What Is A Wisconsin Arrest Warrant?

An arrest warrant gives law enforcement the green light to seek out and apprehend a person suspected of committing a criminal offense. After law enforcement presents evidence and sworn statements to a judge or magistrate, he or she will determine whether there is sufficient probable cause for a warrant. If that question is decided in the affirmative, an arrest warrant will be issued.

Arrest warrants can also be issued for an individual who has violated his or her terms of probation or parole, an individual who has failed to appear for a scheduled court date or a person who has been indicted by a grand jury. Once law enforcement has an arrest warrant, they are legally able to arrest the suspect named in the warrant. Arrest warrants in Wisconsin must contain the following information:

• The individual’s name (the "subject")
• The specific allegations and charges
• Details regarding where and when the alleged crime occurred
• The county where the crime occurred or the county where the suspect lives
• Regardless of where the arrest warrant originated, it can be executed anywhere in the state.

An arrest warrant can cross a state line, meaning an individual named in it can be arrested in a neighboring state. Arrest warrants do not usually expire, but the court can cancel them prior to execution if circumstances change.

What Is a Wisconsin Bench Warrant?

A judge or magistrate usually issues a bench warrant when an individual fails to show up for a court date or otherwise violates the terms of his or her release. A bench warrant can be issued for failure to pay child support, contempt of court, to comply with court-ordered fines or community service, to subpoena a witness, or to compel a person to show up for jury duty. Bench warrants are entered into a database that can be accessed by law enforcement at any time.

If an officer is conducting a traffic stop and realizes the person has a bench warrant issued, that person will likely be arrested on the spot. Like an arrest warrant, a bench warrant lists the individual’s name, specifies the reasons it was issued, and shows the county where the warrant was issued and the name of the judge who issued it.

Like arrest warrants, bench warrants do not expire, remaining in effect until the person is apprehended or the court cancels the warrant. Although law enforcement may not go out of their way to pursue a bench warrant – but will for an arrest warrant – ignoring a bench warrant is rarely a good idea.

Contact a Milwaukee County, WI Criminal Defense Lawyer

If you are aware that there is either an arrest warrant or a bench warrant out for you, your best course of action is to immediately speak to a Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC. If you have missed a court date and think there might be a bench warrant out for you, your attorney can get ahead of the issue so you can avoid the embarrassment of being arrested at home or work.

Your attorney can conduct an online search through CCAP to determine whether there is an outstanding warrant for you. Attorney Bucher spent 20 years as the Waukesha County District Attorney, providing him with a unique perspective on criminal defense. He has litigated thousands of cases and is ready to build a comprehensive defense on your behalf. Call 262-303-4916 to schedule your free consultation.