An arrest warrant is a signed document issued by a competent officer, typically a judge or magistrate, which gives police officers or law enforcement the right to arrest an individual or the people who are identified in the warrant.
How Can a Warrant Be Issued?
A written affidavit must be submitted to a judge or magistrate normally by the police officer. The affidavit is written under oath and must contain factual information that leads the judge or magistrate to assume the person named in the document likely committed a crime. The warrant must be specific enough so not to indict a broad range of potential suspects.
The last point is important. A warrant would not and should not be issued for a vague description of a person who, for example, stole something from someone’s house. The information contained in the warrant must be convincing and detailed enough to lead the judge or magistrate to act with a level of certainty in signing the warrant.
Types of Arrest Warrants
There are three main types of arrest warrants that could be issued:
This is typically issued when a defendant does not comply with court procedures or misses their court appearance all together. An example would be someone who fails to pay court ordered child support.
This is reserved for criminal acts, which can include failing to appear before the court. A clearer example is if police have video evidence of this suspect dealing drugs and they submit for a warrant.
This occurs when someone is given a summons to appear in court. A traffic ticket, for instance, can be the reason they have been summoned. If the individual fails to appear on the scheduled date, then a bench warrant is issued.
Other Types of Warrants
A few other types of warrants include:
This gives permission for police or law enforcement to search a premises for evidence of a crime.
This is when the individual fails to make a scheduled appearance in court prior to a plea being entered. Failing to appear becomes another charge.
After a subject has been found guilty, if they fail to pay the fine associated with the guilty verdict, or otherwise fail to comply with the conditions of the verdict, a capias warrant is issued. Paying the fine or remaining in jail to earn the credit is the only way this warrant can be issued.
This issued when a subject is thought to be in a local jurisdiction outside of the state the warrant was issued or the where the original crime was committed.
Civil Capias Warrant
This is issued when a subject repeatedly does not comply with conditions or a judge’s orders.
This comes straight from the governor to the suspect to bring them back to the state in which they committed the crime.
Telephonic Arrest Warrant
This is issued using the same process for obtaining an arrest warrant, however the only difference is that the police or law official communicates this contents of the warrant over telephone or some electronic device.
This is a situation in which law enforcement obtains a warrant by skipping the attorney general and going straight to the judge.
John Doe Warrant
This is when a warrant is issued for a subject without knowing their name.
How to Clear Warrants with a Bail Bonds Service
The only way a warrant can be cleared is to appear in court. However, a bail bond agent can get a court date set without you having to appear in court. You will eventually need to face up to the order, but this gives you time to prepare.
PCS Bail Bonds is well educated on all types of bonds and can assist you or your loved one should some problem occur or a condition been breached. Contact us now if you have any questions about warrants or anything to do with bail bonds or the court process.