Definition of an Arrest Warrant

Police officer's often use arrest warrants

Arrest warrants are issued by a court of law to those suspected of committing either a misdemeanor or felony crime when a police officer is not present to witness the crime. After issuing an arrest warrant for a suspected felon, the arresting officer is required to bring the suspect into court without delay. If a police officer has probable cause, an arrest warrant is not needed to apprehend the suspect.

Bench Warrants

Bench warrants are another form of arrest warrant and are typically issued when a suspect fails to appear in court on a scheduled day, or is accused of being in contempt of court. Bench warrants can also be issued for overdue parking tickets and other such traffic infractions that go ignored. Police officers have the legal right to arrest anyone with an outstanding bench warrant on sight.

Requirements

In order for a judge to issue an arrest warrant, there must first be probable cause that a crime has been committed and that the person named on the warrant committed the crime in question. All warrants for arrest must be accompanied by a sworn and signed affidavit. Affidavits are written statements made under oath and overseen by a notary insuring that the accusations are fact. The law states that police officers must always knock before entering the home of a suspected felon and, upon making the arrest, must read them their Miranda rights.

Bail

Bail money

Arrest warrants may or may not specify a bail amount depending on the crime and whether or not the suspect is viewed as a "flight risk." If bail is set and paid, the suspect must return to court on the next scheduled court date for a formal hearing. If bail is not set, which is referred to as a "no-bail" warrant, the suspect is required to stay in police custody until the next scheduled court date.

Outstanding Warrants

Outstanding warrants can occur for a variety of reasons. If the suspect in question is not aware that an arrest warrant has been issued in their name, or is aware but decides to purposely avoid the authorities, arrest warrants can become outstanding. Other times, police departments are simply too backed up to handle all arrest warrants within a reasonable time. Although arrest warrants can become outstanding, they are never erased from your record until properly dealt with.

Warning

Criminal

Arrest warrants do not automatically mean a person is guilty of a crime, but rather that they are suspected of a crime. In either case, ignoring an arrest warrant can do more harm than good, and simply leaving the state doesn't make the warrant vanish. If a suspect has an arrest warrant in one state, he can be arrested in another state and extradited back to the original state in which the warrant was issued. If an arrest warrant is issued in your name, regardless of your guilt or innocence, it is best to contact a lawyer and handle it sooner than later.

References

• Attorney Lombardo: Arrest Warrants, Bench Warrants
• County Records Public: How To Find Outstanding Arrest Warrants
• Lect Law: Bench Warrant
• Vanwagnerwood: Arrest With Warrant

Resources

• Arrest Warrants: How Do I Find Out If I Have An Arrest Warrant