April 17, 2024 | Criminal Law
In the legal system, a warrant is an essential instrument issued by the court that authorizes law enforcement or other legal entities to perform certain actions. Understanding the different types of warrants is crucial for anyone who might be involved in legal proceedings.
The following are the most common types of warrants:
Arrest Warrants
An arrest warrant is an order calling for the arrest of an individual by law enforcement. For these warrants to be issued, specific requirements must be met. There’s usually a written allegation, known as a probable cause affidavit, submitted to the court. This document must supply sufficient proof that there are legitimate grounds to believe the individual named in the warrant has committed an offense.
What Happens After an Arrest Warrant is Issued?
After a judge issues an arrest warrant, it then becomes the responsibility of law enforcement agencies to execute this warrant by locating and detaining the individual who has been named.
When a person has an arrest warrant issued against them, law enforcement agencies can actively search for them. Officers rely on various methods, such as checking the individual’s last known address or places of employment, records and warrant searches during traffic stops, or through coordination with other jurisdictions to locate and apprehend the defendant.
Bench Warrants
A bench warrant is a type of warrant typically associated with more minor legal issues. While an arrest warrant
It most frequently comes about when someone disobeys a court order – such as failing to appear at scheduled hearings or neglecting to pay fines or comply with other court-ordered actions.
Consequences of Bench Warrants
Having a bench warrant issued in your name can pose a number of consequences. It means that law enforcement has the authority to arrest you at any time, such as during a traffic stop or through active investigations to find you.
An important thing to note is that bench warrants don’t expire. They remain active until you take action to resolve them, which can involve turning yourself in or addressing the underlying legal issue that led to the warrant’s issuance.
Reach out for help from a criminal defense attorney if you know there’s an outstanding bench warrant in your name. They will explain what steps need to be taken to resolve the matter.
Search Warrants
A search warrant is a judicial order authorizing law enforcement to search premises, documents, or individuals for evidence associated with criminal activity.
To obtain a search warrant, law enforcement must provide evidence of probable cause to a judge or magistrate – evidence supporting that it’s likely that the place to be searched contains incriminating items connected to criminal activity.
Officers provide these details via sworn statements laying out specific information about why they believe an offense has occurred and how the objects they’re looking for are linked to the criminal activity.
No-Knock Warrants
No-knock warrants are court orders that allow law enforcement to enter certain premises without first notifying the occupants through knocking or announcing their presence.
While they’re mainly used in situations where there’s a substantial risk of destruction of evidence or harm to officers if a warning is given, these warrants have faced considerable controversy.
The controversy surrounding no-knock warrants was magnified following the tragic case of Breonna Taylor, a woman who was fatally shot by police officers executing this type of warrant. The suspicion that her home was being used to receive drugs prompted law enforcement to enter without prior warning. Instead of finding evidence backing up their claims, they encountered a frightened woman who lost her life as a result of police actions.
Governor’s Warrants
When a person accused of a crime flees from one state and goes to another, the original state may request the transfer of that person back to face charges. A governor’s warrant, often referred to as an extradition warrant, provides the legal basis for one jurisdiction to formally request and retrieve this individual from another state, facilitating the interstate extradition process.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates, LLC If You’re Facing a Warrant
For more information, contact the criminal defense attorneys at Suhre & Associates, LLC give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
