4 Types of Warrants You Should Know
An arrest warrant against you means the police are at liberty to arrest you (or take you into custody, if that sounds better) wherever they get you. Before we get into the details, note that it is crucial to contact a lawyer or law firm such as Cory Wilson first thing if you have reason to believe or suspect you have an outstanding warrant. It doesn’t matter whether you think you are innocent or not.
It is also important to know that if a nationwide warrant is issued against you, it is just a matter of time before you are taken into custody by any police officer in any state or anywhere in the nation. However, a warrant issued by a state or provincial court may not be enforceable in another state or province unless the other jurisdiction endorses it, so the police officers in that jurisdiction may or may not arrest you. You will usually be arrested within the state or province where the warrant was issued unless you committed a federal crime.
That said, here are 4 types of warrants usually issued and reinforced by the police:
1. Arrest Warrant
This is the most popular warrant. An arrest warrant empowers the police to arrest you so that you can be brought to court. The arrest warrant should bear the following information:
- Your name.
- An order to take you into custody.
- The related offense or accusation.
- The name or signature of the judge who ordered your arrest.
A judge usually issues an order after you are charged with an offense or a police officer swears an information. An information is an official court document that charges you with an offense.
A police officer can swear an information that details the crime you are accused of. The judge then reviews an information and decides whether to issue an arrest warrant against you.
2. Witness Warrant
A witness warrant will be issued for your arrest if you failed to appear as a witness under subpoena. A subpoena is a court order demanding that you appear in court as a witness. The judge may issue a witness warrant if you received a subpoena but failed to turn up in court as ordered.
3. Bench Warrant
When you have an ongoing case in court that requires you to appear but fail to attend, be it for an appearance, hearing or trial, a judge or justice of the peace can issue a bench warrant. You will then be charged with a separate criminal offense for failing to turn out during an ongoing case.
A criminal defense lawyer can help you have the bench warrant "vacated" and your previous failure to appear withdrawn. However, it is best to avoid a bench warrant if you have an ongoing case, as this new one will complicate matters for you. Your
4. Surety Warrant
If the person who acted as your surety when you were released changes their mind and withdraws as your surety – for whatever reason – then a surety warrant will be issued for your arrest. The person must first send an application in writing that they wish to be removed as your surety.
Conclusion
Do you suspect or have reason to believe there is a warrant for your arrest and that you may soon be arrested and detained without an immediate plan for release? You should contact a criminal defense lawyer right away.
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