Cofer Luster Criminal Defense Lawyers | September 9, 2025 | Criminal Defense
If you have an outstanding warrant in Texas, you might not know whether it is an arrest warrant or a bench warrant. Both can result in you being taken into custody, but they are issued in different ways and for different reasons. Knowing the difference between the two can help you respond appropriately and protect your legal rights.
This article will look at how arrest warrants and bench warrants are issued, the circumstances that lead to each, and what steps you should take if one has been issued against you.
What Is an Arrest Warrant in Texas?
An arrest warrant is a written order issued by a judge or magistrate that allows law enforcement to arrest a person suspected of committing a crime. Police usually request an arrest warrant after presenting evidence to show there is probable cause that a crime has been committed and that the suspect is responsible.
In Texas, an arrest warrant must:
- Be signed by a judge or magistrate
- Clearly identify the person to be arrested
- State the alleged offense
Police can then use the warrant to take you into custody at almost any time. Arrest warrants are commonly issued in cases of felony charges, such as certain sex crimes or drug crimes.
What Is a Bench Warrant in Texas?
A bench warrant is also issued by a judge, but it is usually tied to court proceedings rather than the investigation of a crime. Instead of being requested by police or prosecutors, a bench warrant is issued directly by the court when someone fails to follow a court order.
Examples of when a bench warrant may be issued include:
- Failing to appear in court for a scheduled hearing
- Ignoring a subpoena requiring your testimony
- Not paying court-ordered fines
- Violating probation conditions
Once issued, a bench warrant authorizes police to arrest you and bring you before the court. While some bench warrants are issued in criminal cases, they can also arise from civil matters, such as family law disputes.
Key Differences Between Arrest and Bench Warrants
Though both can result in an arrest, the two warrants serve different purposes under Texas law:
- Who issues it: Both are issued by a judge, but arrest warrants are typically requested by law enforcement, while bench warrants originate with the court.
- Reason for issuance: Arrest warrants are connected to suspected criminal activity, while bench warrants are issued for failing to comply with court orders.
- How they are executed: Arrest warrants are often pursued actively by police. Bench warrants may not always trigger immediate action, but can still lead to arrest during traffic stops or routine checks.
Either of these warrants must be taken seriously if they are involved in your case. Contact a defense attorney for help if you’ve been charged with a crime.
What Happens After a Warrant Is Issued?
If an arrest warrant is issued against you as a defendant, law enforcement will likely attempt to find and arrest you as soon as possible. With a bench warrant, you may not be actively pursued, but you remain at risk of arrest at any time. However, a minor traffic stop can still result in being taken into custody once the warrant is discovered.
In both cases, you may be held in jail until you can see a judge. Depending on the charge, bail may be set, or you may be released on your own recognizance.
Contact Cofer Luster Criminal Defense Lawyers for a Consultation With an Experienced Criminal Defense Attorney
The main difference between an arrest warrant and a bench warrant in Texas is why they are issued: arrest warrants involve suspected crimes, while bench warrants come from failing to comply with court orders. Both, however, can lead to an arrest and serious consequences.
If you believe there is a warrant in your name, it’s important to act quickly. Contact Cofer Luster Criminal Defense Lawyers to schedule a consultation with a qualified criminal defense lawyer as soon as possible.
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102