What Is an Arrest Warrant?
An arrest warrant is an order, usually issued by a judge, that permits law enforcement officials to detain a person who is suspected of a crime. A warrant can only be issued after the recording of a sworn statement by a victim of the crime in question, a police officer, or the district attorney. The United States legislature, such as Congress or other such political bodies, are also able to issue an arrest warrant.
In order to issue an arrest warrant, probable cause must be shown. This is most often done through sworn declarations by victims. In many cases where police officers have witnessed crimes, or have built up a solid case and can prove probable cause with evidence, an arrest warrant is not needed. The order for arrest is sometimes referred to as a mittimus, which is a written official command, by a judge, to bring a person to prison.
There are several kinds of arrest warrants. A felony warrant is issued when the person has allegedly committed a felony offense. Anyone with a felony warrant typically faces potential jail time in excess of one year for the alleged crime. These types of warrants generally have no statute of limitations and remain open until the accused is found and detained.
An outstanding arrest warrant is a designation that occurs when law enforcement has been unable to serve a warrant in a timely manner. Officials will continue to search for the individual through any means possible. The individual's driver's license will be flagged, which is one way that many accused criminals are located. People with this designation are then unable to renew a license, or receive even a simple driving violation without being arrested.
A bench warrant is usually issued when a person fails to show up for a court ordered appearance. A judge will issue the warrant, which allows officers to arrest the accused as soon as they see him, and bring him before the judge, or "to the bench." If law enforcement feels there is a possibility that the accused will try to flee before his next court appearance, the judge may choose to detain the person, in jail, with or without bail. Often, those who miss court appearances are avoiding the judge for various reasons, and have already paid their bail in good faith. Avoiding court appearances can raise the bail limit, or cause it to be "called," or revoked. If it is called, the issuing bail bondsmen are usually eager to help find the accused, so their funds may be recovered.
Written by Josie Myers
