Warrants are legal tools that empower law enforcement to take specific actions, such as making arrests or conducting searches. In the context of criminal defense, understanding the different types of warrants—and your rights—is critical. Whether you’re a defendant, someone seeking to clear a record, or simply looking to be informed, this guide explains the most common types of warrants used in criminal cases.
What Is a Criminal Warrant?
A criminal warrant is a court-issued legal document that authorizes law enforcement to perform certain actions—most often an arrest or a search. It serves two key purposes:
To protect individual rights by requiring judicial oversight.
To enable lawful enforcement of the criminal justice system.
To issue a warrant, a judge must determine there is probable cause, typically based on evidence or sworn testimony.
Common Types of Criminal Warrants
Let’s take a closer look at the most frequent types of warrants used in criminal cases.
1. Arrest Warrant
An arrest warrant allows police to detain a person suspected of committing a crime. It is usually issued after an investigation and once sufficient evidence or probable cause has been presented to a judge.
What It Includes:
The suspect’s name
The alleged criminal charge(s)
Jurisdiction and instructions for execution
Issuing judge’s signature
Used When:
A suspect has been identified and charged
Law enforcement needs to arrest someone not caught in the act
What Happens After Issuance:
The suspect can be arrested at home, work, or during a routine stop
The warrant remains active until executed or withdrawn
2. Bench Warrant
A bench warrant is issued directly by a judge—often from the bench—when a person fails to comply with a court order, typically for:
Failing to appear in court (FTA)
Violating probation
Ignoring a subpoena
Failing to pay fines
Consequences:
The subject can be arrested at any time
May lead to jail time or bail revocation
Can result in additional legal penalties or contempt of court charges
Common Questions:
Can I resolve a bench warrant without going to jail?
Possibly. An attorney can often file a motion to recall or quash the warrant and negotiate a court appearance on your behalf.
3. Search Warrant
A search warrant gives police legal permission to search a particular location for evidence related to a criminal investigation.
Requirements:
A sworn affidavit from law enforcement
Probable cause supported by evidence
Judge’s signature and detailed description of the search scope
Limitations:
Officers can only search the places and seize items listed in the warrant
Evidence obtained outside the warrant’s scope may be inadmissible in court
Your Rights:
You can ask to see the warrant before allowing entry
You do not need to answer questions without legal counsel
You can challenge the legality of the warrant in court
4. Alias Warrant
An alias warrant is issued when a defendant fails to respond to a citation or court summons—often before a court date has even occurred.
Common Scenarios:
Failing to appear after receiving a traffic ticket or misdemeanor citation
Not taking action on a criminal citation that requires a court appearance
Why It Matters:
Unlike a bench warrant, which is issued after an appearance has been missed, an alias warrant is issued when a person never appears at all
You may be arrested if stopped for unrelated reasons, like a traffic stop
How to Resolve It:
You may be able to post a bond and reschedule your court date
A criminal defense attorney can help file a motion to lift the warrant or appear on your behalf
5. Extradition Warrant
An extradition warrant is issued when a person charged with a crime in one jurisdiction is found in another. It allows law enforcement to transfer the individual back to the jurisdiction where charges are pending.
When It’s Used:
A suspect has fled the state or county
A local case involves a defendant located elsewhere
The original court seeks custody to proceed with charges
How the Process Works:
The requesting state sends documentation proving charges exist
A governor or designated authority signs the extradition request
The suspect may contest the extradition in court, though success is rare
Your Options:
Voluntarily surrendering may result in more favorable treatment
A defense lawyer can guide you through contesting or expediting the process
What To Do If a Warrant Is Issued Against You
Discovering that a warrant has been issued in your name is unsettling—but it’s crucial to act swiftly and wisely. Here are the steps you should take:
1. Confirm the Warrant’s Existence
Contact your local courthouse or check your county’s official website. Some jurisdictions offer searchable warrant databases. To keep it discreet, you can also have an attorney check for you.
2. Seek Legal Counsel Immediately
A qualified criminal defense lawyer can:
Verify the type and status of the warrant
File motions to recall, quash, or postpone the warrant
Represent you in negotiations and court hearings
3. Avoid Arrest by Turning Yourself In (When Appropriate)
If advised by your lawyer, voluntary surrender:
Shows cooperation
May prevent public arrest
Can sometimes lead to reduced bond or leniency
4. Never Ignore a Warrant
Warrants don’t expire. Ignoring one can lead to:
Arrest at your home or workplace
Bail denial or increased charges
Suspension of your driver’s license in some cases
Frequently Asked Questions
Q: Will I be notified if there’s a warrant against me?
A: Not always. Some warrants are served in person, but others may remain active without your knowledge—until an arrest is made.
Q: How long does a warrant stay active?
A: Criminal warrants typically remain in effect until executed, recalled by a judge, or the subject dies.
Q: Can I be arrested in another state for a warrant?
A: Yes, especially for serious charges. Many states share databases, and you can be detained during interstate travel or traffic stops.
Q: Can an attorney appear for me in court if I have a warrant?
A: In many cases, yes. Attorneys can file motions to resolve or recall certain types of warrants—especially for misdemeanors or traffic-related offenses.
Conclusion:
Understanding the different types of warrants—and what they mean—can protect your rights and possibly keep you out of jail. If you suspect a warrant has been issued against you, don’t delay:
Check with the court or contact a lawyer
Understand your legal obligations
Take proactive steps to resolve the matter responsibly
