Categories of Criminal Warrants

There are two types of crimes- misdemeanor and felony. Since felony is the serious crime, so police does not need a warrant to take the suspect into custody. For misdemeanor crimes, criminal warrants are issued. There are three types of criminal warrants- arrest warrant, search warrants and bench warrant. 

Types of Criminal Warrants

An arrest warrant is an order in writing which authorizes an officer of proper judicial agency to arrest a specific individual on the basis of probable cause. An arrest warrant can be processed only when a sworn complaint is filed against the suspect of having committed the crime. It should also identify the individual who is supposed to be arrested.

Search warrant is a written order signed by a judge or appropriate officer authorizing law enforcement personnel to search the specified individual, a premise or particular property. To issue a search warrant, an affidavit supplied by an officer is required which would inform the judge about the probable cause on the basis of which this search has been mandated. In general terms, premises and properties are searched for illegal things like weapons, narcotics, contraband or some evidence of proofs.

Bench warrants are the written orders issued by the court or the bench which directs a police officer to present the person specified in the warrant before the judge in the court. These criminal warrants are issued for people who religiously fail to appear before court even after receiving summons and subpoenas. A bench order can also be required when a prisoner is taken to the court for trial from jail. For more information, you can visit the official sites of respective county judiciaries like http://www.washco.utah.gov/justicecourt/faq.php.

Criminal warrant records can be searched in the criminal history background search. If you believe you have done something for which warrant can be issued against you, you can search for it in the website of your county. Usually it takes few business days to implement the warrant from the day it had been issued unless the crime has been too serious. How long would the warrant stay active depends upon which warrant have been issued. Bench warrant has no limitation thus if stays active until you appear in the court before the judge.

Serving a Criminal Warrant

For criminal warrants for arrest, the law enforcement agents show up at your house or office to serve it. The warrant remains active until the bail is paid or you have appeared before the judge. You can avoid the arrest by escaping to another jurisdiction or state but you will be immediately taken into custody as soon as you enter your original jurisdiction. So it is always better to turn up at the sheriff’s office yourself to avoid the embarrassment of being arrested at work place, before your family members or even at inconvenient timings. If a criminal warrant has been issued against you that does not mean you are guilty. According to Federal Law, an individual is treated innocent until the guilt has been proved.

You can find search warrant only after the search has already been taken place to be sure of its validity. When you get the details, contact the attorney who has filed for it. You can ask for the copy of the warrant and you are bound to receive one according to your Constitutional right.