Types of Arrest Warrants

A warrant for arrest is a legal document which permits a law enforcement officer to detain an individual for committing or abetting a crime. The law of the United States does not look for factual evidence during the issuance of state or county arrest warrants; instead an arrest warrant is issued on grounds of suspicion only.  The name of the accused as well as the signature of a judge on the warrant arrest is required to make it legal.  Probable cause of the crime is also required to be given within the arrest warrant.

Each state and the District of Columbia has its own statutes for arrest of an individual. Arrest warrants are normally considered to be essential while arresting a misdemeanor offender. Offenders suspected to be guilty of committing a felony can be arrested by law enforcement officers on grounds of a probable cause alone and arrest warrants are not strictly needed in such cases. While most arrest warrants are issued with the purpose of bringing the criminal to justice, not all individuals who are served with a warrant can be considered to be a criminal.

Failure to appear in court may result in the judge issuing arrest warrants against the individuals. This is regarded as a contempt of court and is recognized to be a punishable offense.

Arrest warrants indicate trouble. While a lot of individuals may not be aware of arrest warrants being issued against them, neglecting the issue often leads to consequences which are severe. Jumping a traffic light or speeding or even having a parking ticket may warrant an arrest warrant issued against you if you refrain from taking action immediately. However, there have been instances of arrest warrants being issued against innocent individuals which only indicate that you may well become a victim of identity theft if you do not take steps to review such warrants as soon as possible.

Felony Arrest Warrants

While it is not mandatory for a police officer to have an arrest warrant to detain a person accused of committing felony, a judge may frequently issue a specific warrant known as the felony warrant for bringing the accused to the local jail or incarceration facilities where he/she is detained until the hearing of the case in court.

Law enforcement authorities need to follow a certain procedure. A sworn affidavit accusing the probable offender is required support arrest warrants served in felony cases. The name as well as a physical description of the suspected offender is included within the warrant. The accused has every right to refute the charges if the name is distorted due to a misspelling.

The physical description is yet another requirement as it negates the possibility of arresting an offender simply because he is using an alias. The signature of the judge or the magistrate is another essential requirement barring which the felony arrest warrants cannot be considered as valid.

The location of the crime and the address of the concerned court needs to be mentioned in felony warrants. The police or other law enforcement authorities have the legal right to enter a residence on basis of a felony warrant, but they should be able to substantiate the fact that the accused had been in residence during the time of his arrest.

Mittimus

A mittimus is a written order given by the judge or magistrate of a court permitting a law enforcement officer to arrest and detain the person in the local jail house or other incarceration facilities. The mittimus also directs the jail authorities to receive and detain the accused in accordance to the local laws. The mittimus can be regarded as special types of arrest warrant which is issued when a person fails to appear in court at a preordained date and time.

Bench Warrants

A bench warrant authorizes the police to detain an individual, but it is not meant for apprehending a criminal at all times. Bench warrants can be defined as arrest warrants issued for contempt of court. Most violations include missing of scheduled court hearings, neglecting to respond to subpoenas or refusing to report for jury duty.

Outstanding Warrants

Arrest warrants that have not been served are known as outstanding warrants. It is not unusual for an individual to check out the records and find an outstanding warrant issued against him. Warrants remain outstanding if a person deliberately evades arrest by moving from place to place or if the authorities entrusted with the responsibility of serving them has a huge backlog of similar arrest warrants to serve.

Records of Arrest Warrants

Arrest warrant records can be checked from various resources online. It is best to conduct a search for relevant records through the database of the courts or law enforcement agencies of the United States. The Florida Crime information center (http://www3.fdle.state.fl.us/fdle/) as well as the Austin Police Department of Texas (http://www.ci.austin.tx.us/police/warrants/warrantsearch.cfm) are just two instances of states providing the facility of conducting a search for arrest warrants. Most county courthouse clerks will be able to provide their database for records of arrest warrants.  An arrest warrant stays indefinitely in the database although it may be dropped after the accused is detained successfully.

Clearing of Arrest Warrant records

A bench warrant can be easily cleared up by appearing at the court. Paying a small amount as fine for missing the court schedule is all that takes to clear the bench warrant. It is possible to set a future date for hearing of the matter. An arrest warrant for felony or serious misdemeanor usually remains on record. You may have the opportunity to pursue an expungement only if you have no criminal convictions for a specified period of time before requesting for sealing of your records. A few other offenses like sex offenses can not be expunged at all. The state of Arizona does not permit expungement of arrest records for any reason whatsoever.