A “warrant” is a term that is commonly associated with criminal cases. However, not all warrants are the same.
In criminal law, warrants generally fit into three categories. Here are three different types of warrants.
1. Arrest warrants
As the name suggests, arrest warrants are issued when the police wish to arrest someone. Before the warrant is issued, the police usually present their evidence to a judge or magistrate. The judge or magistrate will then sign the warrant if there is probable cause that a criminal offense has been committed.
2. Bench warrants
While bench warrants can also result in an arrest, they are different from arrest warrants. A bench warrant is usually issued when a defendant fails to appear in court. The warrant gives the police the authority to arrest the defendant to ensure that they appear at the next available opportunity.
3. Search warrants
The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. One way that the police can search a person or their property is to apply for a search warrant.
For the search warrant to be issued, the police must be able to provide the judge with probable cause. This means that there is compelling evidence that the accused has engaged in criminal activities.
All three of these warrants can be serious, but they do not automatically mean you are guilty of a criminal offense. For example, you may have had a valid reason for missing a court date. Or, your property may have been searched without a valid warrant being presented. If you have been charged, it is important to seek legal guidance as soon as you can.