A bench warrant is an order issued by a judge directing law enforcement to arrest a specific person and bring them before the court. In Tennessee, bench warrants are issued for a variety of reasons, but the most common are failure to appear for a court date, violation of probation conditions, and contempt of court. If you have a bench warrant outstanding against you in Nashville or anywhere in Middle Tennessee, it is not going to go away on its own. Understanding what a bench warrant means, how it was issued, and what you can do about it is the first step toward resolving it.
Bench warrants differ from arrest warrants in one important way: an arrest warrant is issued based on probable cause that a crime has been committed, while a bench warrant is issued because of something that happened (or failed to happen) in a court proceeding. The judge issues the bench warrant from the bench, which is where the name comes from. Whether the warrant was issued because you missed a court date, violated a condition of release, or failed to comply with a court order, the effect is the same: you can be arrested at any time, anywhere, including during a routine traffic stop or at a courthouse when you appear on a different matter.
Why Bench Warrants Are Issued in Tennessee
The most common reason for a bench warrant in Tennessee is failure to appear. When a court sets a hearing date, whether for arraignment, a pretrial conference, a motion hearing, or a trial, the defendant is required to be present. If the defendant does not appear and has not been excused by the court, the judge will issue a bench warrant for the defendant’s arrest. This applies in both felony and misdemeanor cases, and it applies regardless of the reason for the absence. For a detailed look at the consequences of missing court, see failure to appear charges in Tennessee.
Bench warrants are also issued for probation violations. If you are on probation and your probation officer files a violation report, the court may issue a bench warrant for your arrest. This can happen if you fail a drug test, miss a meeting with your probation officer, fail to pay fines or restitution, leave the state without permission, or commit a new criminal offense. For more on how probation violations are handled in Tennessee, see probation revocation hearings.
Contempt of court is another basis for a bench warrant. If the court orders you to do something, such as pay child support, appear for a deposition, or produce documents, and you fail to comply, the court can hold you in contempt and issue a bench warrant. Contempt can be civil (intended to compel compliance) or criminal (intended to punish the refusal to comply), and the type of contempt affects the procedure and potential penalties.
Other less common reasons for bench warrants include violating conditions of bail or bond, failing to report for jury duty, or failing to appear as a witness under subpoena. Regardless of the reason, the effect of a bench warrant is the same: it authorizes law enforcement to arrest you on sight and bring you before the court that issued the warrant.
How to Check If You Have a Bench Warrant in Tennessee
If you suspect that you may have a bench warrant, there are several ways to check. In Davidson County, you can search the court clerk’s online case information system, which is available through the Davidson County Criminal Court Clerk’s website. The system allows you to search by name and will show active warrants associated with your case. Other Middle Tennessee counties have similar online systems, though the availability and ease of use vary.
You can also contact the court clerk’s office directly by phone. The clerk’s office can tell you whether there is an active warrant in your case. Be aware that calling the clerk’s office does not expose you to arrest. The clerk’s office handles administrative inquiries and does not dispatch law enforcement in response to a phone call about warrant status.
Another option is to have your criminal defense attorney check for you. A lawyer can access court records, contact the clerk’s office, and determine not only whether a warrant exists but also what the underlying reason is and what steps are needed to resolve it. This is often the best approach because the lawyer can simultaneously begin the process of getting the warrant recalled.
If you are stopped by police for any reason, an active bench warrant will show up when the officer runs your information through the law enforcement database. This means that a routine traffic stop can turn into an arrest if you have an outstanding bench warrant. It also means that if you go to the courthouse to handle a different matter, such as paying a traffic ticket, the courthouse security screening may flag the warrant and result in your arrest on the spot.
Voluntary Surrender vs. Waiting to Be Arrested
When you learn that you have a bench warrant, you face a choice: you can voluntarily surrender to the court, or you can do nothing and wait until law enforcement picks you up. There are strong reasons to choose voluntary surrender in most cases.
Voluntary surrender shows the court that you are taking the matter seriously and that you are not a flight risk. Judges notice when a defendant turns themselves in voluntarily versus when they had to be tracked down and arrested. A voluntary surrender can positively influence the judge’s decision on whether to set bond, how much bond to require, and what conditions of release to impose. For more on how bond decisions are made, see bond hearings in Tennessee.
Voluntary surrender also allows you to control the timing and circumstances. You can arrange to surrender at a specific time with your lawyer present. Your lawyer can file a motion to recall the warrant in advance of your surrender, which can sometimes allow you to appear before the judge, address the warrant, and leave the courthouse without being taken into custody at all. This is far preferable to being arrested unexpectedly at your home, your workplace, or during a traffic stop.
Waiting to be arrested, on the other hand, puts you at a disadvantage. You may be arrested at an inconvenient or embarrassing time. You will likely be taken to jail and held until you can appear before a judge, which may take hours or even days depending on when you are arrested. And the judge will know that you did not come in voluntarily, which can affect bond and other decisions. In nearly every situation, voluntary surrender with the help of a lawyer is the better course of action.
Getting a Bench Warrant Recalled in Tennessee
A bench warrant can be recalled by the judge who issued it. Recall means that the warrant is withdrawn and you are no longer subject to arrest on it. Getting a warrant recalled usually requires filing a motion with the court explaining why you failed to appear or otherwise violated the court’s order, and asking the judge to reinstate your case on the docket.
The motion to recall should include any evidence that supports your explanation. For example, if you missed court because you were hospitalized, you would attach hospital records. If you missed court because you did not receive notice of the hearing date, you would explain the circumstances. If you simply forgot or made a mistake, an honest explanation combined with a voluntary surrender can still persuade the court to recall the warrant, though the result is less certain.
In Davidson County, the process for recalling a bench warrant depends on the court that issued it. In Criminal Court, your attorney files a motion to recall and sets it for hearing. In General Sessions Court, the process may be less formal, and in some cases the judge will recall the warrant upon the defendant’s voluntary appearance. An experienced criminal defense lawyer will know the procedures in each court and can navigate the process efficiently.
If the bench warrant was issued because of a probation violation, getting the warrant recalled is more complicated. The court will want to address the underlying violation, not just the fact that you were absent. You may need to be prepared to address the violation report at the same hearing where you ask for the warrant to be recalled.
Bond Implications of a Bench Warrant
When a bench warrant is issued for failure to appear, Tennessee law provides for the forfeiture of any bond that was posted. Under T.C.A. § 40-11-139, if a defendant fails to appear as required, the court may declare the bond forfeited. This means that if you posted a cash bond, you lose that money. If a bonding company posted a surety bond on your behalf, the bonding company is liable for the full bond amount, which means they will be looking for you.
After a bench warrant is issued and the bond is forfeited, the question of whether you will be released on bond again, and if so, on what terms, is entirely up to the judge. The judge may set a higher bond than before, add conditions such as GPS monitoring, or in some cases deny bond altogether. The fact that you had a bench warrant issued against you is a factor that the judge will consider in evaluating whether you are a flight risk.
Under T.C.A. § 40-6-205 and related statutes, bench warrants remain active until they are served or recalled. There is no expiration date. A bench warrant issued five years ago is just as enforceable as one issued yesterday. The longer a warrant remains outstanding, the more likely it becomes that you will encounter it at an inopportune time. Addressing warrants promptly is always the best strategy.
Bench Warrants and Your Criminal Record
A bench warrant itself is not a separate criminal charge. It does not appear as a conviction on your record. However, the failure to appear that triggered the bench warrant may result in additional charges. In Tennessee, failure to appear can be charged as a separate criminal offense under T.C.A. § 39-16-609 if the underlying charge is a felony. Even in misdemeanor cases, failure to appear can result in bond forfeiture and additional penalties.
The outstanding bench warrant will show up in background checks. Employers, landlords, and others who run criminal background checks may see the warrant and draw negative conclusions, even though the warrant is not a conviction. Resolving the warrant removes it from active status and eliminates this problem.
If you have old bench warrants from cases that were never resolved, addressing them is an important step in cleaning up your criminal record. In some cases, once the warrant is recalled and the underlying case is resolved, you may also be eligible to have the charges expunged, particularly if the case results in a dismissal or a qualifying diversion. For information about sentencing outcomes that may follow the resolution of your case, see felony vs. misdemeanor classifications in Tennessee.
Bench Warrants from Other Counties
Bench warrants issued in one Tennessee county are enforceable throughout the state. If you have a bench warrant from Davidson County and you are stopped by police in Rutherford County, the Rutherford County officer can arrest you on the Davidson County warrant. You will be booked into the Rutherford County jail and held until Davidson County arranges to transport you, or until you post bond if one is available.
Dealing with bench warrants from counties where you no longer live adds logistical complexity. You may need to appear in the court that issued the warrant, which could require travel. Your attorney may be able to file a motion to recall the warrant by mail or electronically in some courts, but many judges require the defendant’s personal appearance before recalling a bench warrant. In Middle Tennessee, this is manageable when the warrant is from a neighboring county like Williamson, Rutherford, Sumner, Wilson, or Maury County. Warrants from more distant counties require more planning.
If you have warrants in multiple counties, a criminal defense attorney can help coordinate the recall process across jurisdictions. Addressing all outstanding warrants at once, rather than one at a time, is usually the most efficient approach. Your attorney can contact the courts in each county, file the necessary motions, and schedule appearances in a way that minimizes the disruption to your life.
Bench Warrants and Employment
An outstanding bench warrant can create serious problems for employment. Many employers conduct criminal background checks as part of the hiring process, and an active warrant will appear on those checks. Even if the underlying charge is minor, the existence of an unresolved warrant signals to a potential employer that you have unresolved legal issues, which can cost you a job opportunity.
For people who already have jobs, an outstanding bench warrant creates the risk of arrest at any time, including during work hours. An unexpected arrest can result in missed shifts, lost wages, and potential termination. Employers in Tennessee are generally not required to hold a position open for an employee who is arrested and jailed, even if the employee is ultimately found not guilty.
Certain professions are particularly sensitive to warrant issues. Individuals who hold professional licenses, who work in law enforcement, who serve in the military, or who hold security clearances may face additional consequences from an unresolved warrant that go beyond the criminal case itself. For professionals in these fields, resolving the warrant quickly is essential to protecting both their freedom and their career.
If you hold a commercial drivers license (CDL), an outstanding bench warrant combined with the underlying charge can affect your CDL status and your ability to drive commercially. Tennessee law imposes specific disqualification periods for CDL holders who commit certain offenses, and an unresolved warrant leaves the underlying charge hanging over your driving record. Addressing the warrant and resolving the underlying case is the only way to remove this cloud from your CDL record. The longer the warrant remains outstanding, the more complicated the resolution becomes.
Frequently Asked Questions
Will I go to jail if I have a bench warrant?
If law enforcement encounters you while a bench warrant is active, you will be arrested and taken to jail. How long you stay depends on whether the court sets a new bond and whether you can post it. Voluntary surrender with a lawyer often results in a same-day release, while an unexpected arrest can mean spending a night or more in custody before seeing a judge.
Can a bench warrant be issued without my knowledge?
Yes. If you do not appear for a scheduled court date, the judge can issue a bench warrant whether or not you knew about the hearing. It is your responsibility to stay informed of your court dates. However, if you can show that you did not receive notice of the hearing, that is a factor the court will consider when deciding whether to recall the warrant.
Do bench warrants expire?
No. A bench warrant remains active until it is either served (meaning you are arrested on it) or recalled by the court. There is no statute of limitations on a bench warrant. Warrants from years ago remain enforceable and can result in arrest at any time.
Can I travel with an outstanding bench warrant?
Traveling with an outstanding bench warrant is risky. The warrant is entered into the National Crime Information Center (NCIC) database, which law enforcement agencies across the country can access. You may be arrested during an airport security check, a traffic stop in another state, or any other encounter with law enforcement. International travel is especially risky, as customs and border protection routinely check for outstanding warrants.
How much does it cost to resolve a bench warrant?
The cost depends on the circumstances. If your original bond was forfeited, you may need to post a new bond. There may be court costs, fines, or attorney’s fees associated with the motion to recall. However, the cost of resolving the warrant is almost always less than the cost of being arrested unexpectedly, missing work, and dealing with the cascading consequences of an outstanding warrant.
Talk to a Criminal Defense Lawyer
If you are facing criminal charges in Nashville or anywhere in Middle Tennessee, attorney Nathan Cate can help you understand your options and protect your rights. Nathan handles cases throughout Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, and Maury County. He has tried 53 jury trials to verdict and has been declared a criminal-defense expert witness by a Tennessee judge.
Call (615) 664-8083 to schedule a consultation, or visit the office at 222 2nd Avenue North, Suite 220, Nashville, TN 37201. The sooner you talk to a lawyer, the more options you have.