Bail Questions • Skipping Bail and Revocation • Arizona
What Is the Difference Between a Bench Warrant and Bail Jumping?
A bench warrant is a judge's order to arrest someone who missed court, while bail jumping is the separate crime of failing to appear.
Quick answer
A bench warrant is a judge's order to arrest someone who missed court, while bail jumping is the separate crime of failing to appear. In Arizona that crime is charged under A.R.S. 13-2506 in felony cases and A.R.S. 13-2507 in misdemeanor cases, and one missed date can produce both the warrant and the charge.
What a bench warrant is
A bench warrant is an order signed by the judge from the bench, directing police to arrest a person and bring them to court. Judges issue it when someone misses a hearing, fails to pay a fine, skips a pretrial check-in or violates another court order. It is not a new criminal charge. It is a tool the court uses to get the person back in the courtroom.
The warrant usually carries a bond amount set by the issuing judge, often the same as the original bond and sometimes higher. It stays active until the person is arrested, turns in, or a judge quashes it. At the same time the court begins forfeiture on any bond that was posted. Our bench warrant page covers how to find one and what the bond on it means.
What bail jumping means in Arizona
Bail jumping is the everyday name for the crime of failure to appear. Arizona does not use the phrase in its statutes. Instead, A.R.S. 13-2506 makes failure to appear in the first degree, which applies when the underlying case is a felony, a class 5 felony. A.R.S. 13-2507 makes failure to appear in the second degree, for misdemeanor cases, a class 1 misdemeanor.
The prosecutor has to file this charge; it does not happen on its own. The state must show the person was released on a promise or bond to appear and knowingly failed to do so. A defense attorney can argue the absence was not knowing, for example a hospitalization or a notice that never arrived. If filed, the charge is a second case with its own bond, its own court dates and its own possible sentence.
How the two work together after a missed court date
Think of it as two tracks that start at the same moment. On the court's track, the judge issues the bench warrant and the bond goes into forfeiture under Rule 7.6 and A.R.S. 13-3974. On the prosecutor's track, the state decides whether to charge failure to appear. A person can be arrested on the warrant, resolve the original case, and still face the new charge months later.
Fast action shrinks both problems. Coming in quickly, with a bond already arranged, gets the warrant cleared and gives the attorney something to point to when asking the court to set the forfeiture aside and the prosecutor to pass on a new charge. Read failure to appear in Arizona for the full sequence, and turning yourself in with a bond for how the surrender works.
Need a bond now?
A licensed agent answers any hour, confirms the custody location and bail amount, and posts the bond while you stay home.
Related Questions
Is bail jumping a felony in Arizona?
It depends on the underlying case. Failure to appear in the first degree under A.R.S. 13-2506 applies to felony cases and is a class 5 felony. Failure to appear in the second degree under A.R.S. 13-2507 applies to misdemeanor cases and is a class 1 misdemeanor.
Does a bench warrant go away if you show up to court?
Usually the judge quashes the warrant once the person appears, either after an arrest or a voluntary surrender. The underlying case continues from where it left off, often with a new bond or stricter conditions. A defense attorney can ask the court to recall it in advance.
Can you be charged with failure to appear if you had a good reason?
The prosecutor can file it, but the state must prove the absence was knowing. Documentation of a hospital stay, a jail hold elsewhere or a missing notice matters. A defense attorney presents that to the court and the prosecutor; a bail agency does not give legal advice.
How much is the bond on a bench warrant in Arizona?
The issuing judge sets it. It often tracks the original bond and is sometimes higher; minor traffic and misdemeanor bench warrants are often a few hundred to a few thousand dollars. Some are cash only. The amount appears in the court record once issued.
Do you need a bondsman for a bench warrant?
If the warrant carries a surety bond amount, a licensed bail agent can post it as a walk-through bond so the person is released within hours of turning in. Call One Stop Bail Bonds any hour and an agent will walk you through it.