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What Types of Warrants Are There?

Warrants are legal authorizations that empower law enforcement to carry out various actions. Understanding the different types of warrants can make a significant difference in how you address potential legal issues. If you learn, or suspect, that there is a warrant out against you, speaking with a criminal defense lawyer is essential so you can protect your rights and respond appropriately. 

What is a Warrant?

A warrant is a legal document issued by a judge or magistrate that grants law enforcement the authority to perform a specific action, like arresting a defendant or conducting a search. Under the United States Constitution, a warrant must be founded on probable cause. 

This means police must present evidence, usually through an affidavit or sworn testimony, demonstrating enough suggestions of wrongdoing to justify the intended action. Below are the most common types of warrants you should be aware of:

Arrest Warrants

Arrest warrants are legal orders granting law enforcement the authority to detain an individual suspected of committing a crime. These warrants are issued by a judge or magistrate based on an affidavit or other evidence demonstrating that the suspect’s involvement is likely. Once the warrant is in place, officers are permitted to locate the individual and make an arrest in compliance with legal and constitutional procedures. 

Probable cause must be present for a judge to issue an arrest warrant. This means that there must be enough evidence to suggest that the person committed a crime or was involved in criminal activity. The standard of probable cause is lower than the “beyond a reasonable doubt” standard used in criminal trials, but it still requires more than mere suspicion.

Search Warrants

Search warrants are court-issued orders enabling law enforcement to enter a particular location and look for specific evidence. Search warrants also rely on probable cause, meaning the police must provide a factual basis for believing that illegal items or proof of a crime are present in the place they want to search. The warrant must list not only the exact place but also the items they intend to seize to avoid broad or unconstitutional intrusions.  

Law enforcement officers must follow strict protocols when executing a search warrant. These may include announcing themselves before entering the premises, showing the warrant to the occupants, and conducting the search within a reasonable time frame. Failure to follow these protocols could lead to evidence being thrown out in court due to a violation of constitutional rights.

Bench Warrants

Bench warrants are orders from a judge directing law enforcement to arrest an individual who has failed to fulfill a court requirement, such as missing a scheduled court date or disobeying a court order. Once a bench warrant is in place, the person can be taken into custody if stopped for any reason by the police, even for something as simple as a traffic violation.  

In some cases, individuals who have bench warrants out for their arrest may not even be aware of it until they are stopped by law enforcement. If you become aware of a bench warrant issued against you, it’s important to take immediate action and make sure you get it taken care of.

Fugitive of Justice Warrants

Fugitive of justice warrants are issued when an individual avoids prosecution or sentencing by leaving the state or jurisdiction where criminal charges or a conviction originated. This type of warrant gives law enforcement the authority to locate and arrest the fugitive and have them transported back to the home state where they were originally arrested or convicted. 

If you believe you may have a fugitive of justice warrant issued against you, it’s essential to speak with an experienced criminal defense lawyer immediately. They can advise on your best course of action and potentially negotiate a resolution with the jurisdiction where the warrant was issued.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

If you’re facing a warrant or have any other questions, reaching out to a lawyer is incredibly important. For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500

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