If you’re facing a legal order in Maryland, it matters whether you are dealing with a body attachment vs warrant. Understanding the difference can make a crucial difference in how you respond. At Southern Maryland Criminal Defense, we help clients throughout Prince George’s, Charles, Calvert, and St. Mary’s Counties navigate these situations so their rights are protected.
What Is a Body Attachment Warrant?
A body attachment (also called a writ of body attachment) is a court order that commands law enforcement to take custody of a person and bring them before the court. This type of warrant is typically used in civil matters—for example, failing to obey a court order, failing to pay child support or alimony, or not appearing as a witness after being subpoenaed. Because it stems from a civil contempt proceeding, a body attachment is different from a criminal arrest warrant.
If the court issues a body attachment, the individual may be taken into custody and brought before the judge to explain why they failed to comply. Depending on the circumstances, the judge can release the person immediately or order that they be held until the issue is resolved.
What Is an Arrest Warrant?
An arrest warrant is a written order issued by a judge or court commissioner based on probable cause that a person has committed a crime. It authorizes law enforcement to locate and arrest that person. Once arrested, the person is taken before a court commissioner or judge for an initial appearance, where bail or conditions of release are determined.
Arrest warrants are part of the criminal process and can lead to prosecution, potential conviction, and criminal penalties such as jail, probation, or fines.
Key Differences Between a Body Attachment vs Warrant
Although both involve being taken into custody, there are important distinctions between the two:
- Purpose: A body attachment enforces a civil court order, while an arrest warrant enforces criminal law.
- Basis: A body attachment is issued after someone fails to comply with a court directive—such as missing a hearing or not paying support. An arrest warrant requires probable cause that a crime was committed.
- Consequences: A person arrested under a body attachment is typically brought before a judge to address the civil matter, not to face criminal charges. An arrest warrant results in criminal proceedings.
- Resolution: A body attachment can often be cleared by satisfying the court’s requirements—appearing in court, paying what is owed, or showing compliance. An arrest warrant generally requires addressing the underlying criminal charge with the help of a defense attorney.
When Can a Body Attachment Be Issued in Maryland?
Maryland courts can issue a body attachment when:
- A person fails to appear for a scheduled hearing.
- A witness disobeys a subpoena to testify.
- A party fails to comply with a family court order, such as paying support or attending a hearing.
- A debtor fails to appear for an oral examination after a judgment has been entered.
Even though a body attachment arises in civil proceedings, the result can still be arrest and detention. That’s why these matters should be treated just as seriously as a criminal warrant.
What To Do If You Have a Body Attachment or Arrest Warrant
If you believe there is a warrant or body attachment in your name, take these steps immediately:
- Do not ignore it. You can still be arrested at any time, including during a routine traffic stop.
- Contact the court. The clerk’s office can confirm whether a warrant exists and what steps are needed to resolve it.
- Consult a criminal defense attorney. An attorney can request a recall or quash the warrant, negotiate a voluntary surrender, and represent you in court.
- Comply with all court orders. Taking care of the underlying issue quickly can prevent jail time or further legal consequences.
If the warrant is criminal, you’ll need an attorney to guide you through the process of turning yourself in, requesting bail, and preparing your defense.
Why This Matters for Southern Maryland Residents
Whether you live in Prince George’s, Charles, Calvert, or St. Mary’s County, a warrant—civil or criminal—can disrupt your life. You could be detained unexpectedly or face complications in employment, housing, or family matters. Understanding the distinction between a body attachment vs warrant helps you take the right steps to protect yourself and your future.
Final Takeaway
- A body attachment is a civil enforcement tool used when someone fails to follow a court order.
- An arrest warrant is a criminal enforcement tool issued when probable cause exists that a crime was committed.
Both can lead to arrest, but their causes and resolutions are different.
If you are facing either type of warrant, contact a qualified Maryland criminal defense attorney immediately. The sooner you act, the more options you have to protect your rights and resolve the matter before it escalates.
