“Body Attachment” – What is it and how should I handle it?

You signed a written promise to appear in court but failed to appear as required. You receive word that the judge in the case issued a “body attachment.” That doesn’t sound good. But what does it mean?

A body attachment is a warrant issued by a judge that authorizes a law enforcement officer to arrest you and bring you to court. A judge may issue the warrant in either a criminal or civil case. The warrant is sometimes referred to as a

• “body warrant,”
• “writ of body attachment,” or
• “body attachment order.”

Most jurisdictions consider a writ of body attachment as a type of bench warrant.

Note that a body warrant is a different type of warrant than an arrest warrant. A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity outside the presence of a police officer.

1. Body Attachments in Criminal Cases

A judge will usually issue a writ of bodily attachment in a criminal case if you fail to comply with a court order or fail to show up for a court date/court hearing.¹

For example, a judge or judicial officer may issue a body attachment if you do not show up for a court appearance after you were arrested and later released on your own recognizance.

Judges may issue body attachment orders in either misdemeanor or felony cases.

Once a warrant is issued against you, police can arrest you and bring you to court. Once brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

Note that a writ of body attachment, on its own, does not mean that you will face criminal charges. However, most states say that the willful failure to appear in court for a court date is a criminal offense.²

2. Civil Cases

A judge may issue a writ of body attachment in a civil court case if you are in contempt of court. You are usually in civil contempt if you do not appear as a witness after receiving a subpoena or fail to make a court-ordered payment (for example, child support or alimony).³

Once a court issues a body attachment in a civil matter, police or the sheriff’s office can arrest you and bring you to court.

A judge will often keep you in custody until you comply with a subpoena or address your issues regarding non-payment/unpaid debts.

Note that in some cases an arrest will not be made. Rather, the court will send you a notice that requires you to go to court to address some outstanding issue.

3. How to Handle a Body Attachment

You should consult with a criminal defense attorney if you believe you are named in a writ of body attachment.

You should try and have a judge recall a warrant before you are arrested pursuant to a body warrant. To do this, you will need to contact the court and schedule a court date.

An attorney can do this on your behalf. Depending on the facts of your case, a lawyer can also possibly go into court for you.

Further, a criminal defense attorney will know the right arguments to make to help persuade a judge to recall the warrant.

If a judge issued a body warrant because you missed a court date, our experience in handling these warrants leads us to believe that a prosecutor may want to file criminal charges against you for failure to appear. A defense lawyer can try and convince a prosecutor not to bring failure to appear charges.

You can definitely hire a private criminal attorney if you have the resources. If you cannot afford a private attorney, you can contact a local public defender’s office for possible assistance.

4. Warrantless Arrests

Authorities usually need some type of warrant in order to lawfully arrest you. A warrant authorizing your arrest can take the form of:

• an arrest warrant,
• a bench warrant, or
• a body attachment warrant.

But note that the police can arrest you without a warrant if they directly witness you commit a crime, no matter if the crime is a misdemeanor or a felony.

Police are also authorized to make a warrantless arrest when they have probable cause to believe you committed a felony. This is true even if you did not commit the crime in the officer’s presence.

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