INCREASE FONT SIZE

A- A A+

Frequently Asked Questions

What are the different types of warrants?

There are several different kinds of warrants but the most common are the ones listed below. 

Search Warrant – A search warrant is a warrant to search a specific premise for evidence of a specific crime. The warrant is issued by the judge if he or she finds probable cause to believe such evidence exists based on information presented by police to the judge in the form of a signed and sworn affidavit.

Arrest Warrant – An arrest warrant is issued by a judge or magistrate and must be supported by a signed and sworn affidavit showing probable cause that a specific crime has been committed, and that the person(s) named in the warrant committed said crime. An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.

Bench Warrant – Bench Warrant is a type of the arrest warrant. It is usually issued when a subject fails to appear for a required court appearance.

Failure to Appear – Warrants issued when a defendant does not appear for a scheduled court hearing.  The judge may ask law enforcement to make an arrest of the person listed on the warrant.  Not appearing can result in a Class 1 Misdemeanor if the hearing you missed was because of a misdemeanor or a Class 5 felony.

Failure to Pay – A warrant issue when a fine, surcharge, fee, assessment, or incarceration costs are not paid when ordered.  Also, if you are ordered to pay restitution and default on the payment, the court may issue a warrant of arrest so you appear in court.

Child Support Arrest Warrant – These warrants can be issued in noncriminal child support matters.  This is done when someone who is ordered, by notice of the court, to show up for their child support hearing and does not appear.  If a person is detained because of a child support arrest warrant, they will remain in custody until the amount of money, ordered by the judge, is paid.

Resources

Administrative Office of the Courts - Warrant Information

Find My Court

Warrant & Disposition Toolkit - Warrant Types

 

 

Search