Kinds of Warrants
- in Laws
The type of arrest warrant issued depends on the violation and the nature of the case.
Warrants can be issued for both civil and criminal offenses, but both are used to summon an individual to appear before court.
Once a suspect is arrested and detained, he may have the opportunity to post bail and be temporarily released. Bail can come in the form of money, property or bail bond, and it is a right protected by the Eighth Amendment of the Constitution. Bail amounts should not be excessive and are not used as a punishment, but as a way to secure the defendant’s appearance. Factors such as if any danger to the public or defendant is present, the severity of injury to any victims, if the defendant uses or possessed controlled substances and the defendant’s financial status determine the amount of a bond. A bail bond is one of the most often used form of bail, which involves a financial guarantee by the defendant that he will appear in court. Bail bonds require a co-signer or guarantor that will also take responsibility for the financial guarantee.
Types of Warrants
An arrest warrant is a signed and sworn affidavit issued by a magistrate or judge stating that probable cause exists that an individual committed a specified crime. A public officer presents this warrant to arrest the individual, which also typically results in detention. A warrant typically is unnecessary to arrest an individual suspected of a felony, but a warrant is often necessary for suspected misdemeanors that did not occur in the view of a police officer.
A search warrant is issued by a judge based on suspicion of probable cause presented by police. This warrant grants police officers permission to search a specific location for evidence of a crime.
A bench warrant is typically issued when an individual fails to appear for court.
An alias warrant is issued when a person does not respond to a mailed citation or fails to appear for a court date before a plea has been entered.
Civil Capias Warrant
A civil capias warrant is issued when a defendant continuously fails to comply with court orders. A civil capias warrant in a contempt case is issued to bring an individual into court.
Capias/Capias Pro fine Warrant
This warrant is issued when an individual fails to complete court orders or pay a fine within a specified amount of time. Capias warrants are resolved by time served or paying a fine in full.
Governor’s warrants bring an individual from another state to the state where the crime was committed.
This warrant is sent from another state when it is believed that an individual is in the area.