South Carolina Bail Bonds Practice Exam

What is the function of a bench warrant in relation to a surety bond?

1. To release the principal

2. To enforce bond conditions

3. To signify a bond violation

4. To notify the surety

The correct answer is: To signify a bond violation

A bench warrant serves as a legal tool issued by a judge, typically in response to a person's failure to appear in court or for violating a court order related to a surety bond. When a bench warrant is issued, it indicates that the individual who is the principal in the bond agreement has not complied with the conditions set forth in that agreement, such as failing to attend scheduled court appearances. This violation is significant because it puts the surety, or the entity that issued the bond, in a position to potentially have to pay the full bail amount if the principal does not rectify their status or surrender to law enforcement. The issuance of a bench warrant alerts law enforcement to take action against the principal, initiating the process of arresting them. This action ultimately serves to protect the interests of the surety, who bears the financial risk when the terms of the bond are not followed. A bench warrant does not release the principal, enforce bond conditions in a proactive sense, or serve as a notification to the surety in the way that it directly signals a breach of the bond agreement. Thus, its primary function is to signify a bond violation, compelling involvement from both the judicial system and the surety entity.