Types of Warrants – 5 That Are The Most Common

We find that there is alot of confusion out there about the different types of warrants. For example, a bench warrant is entirely different from a search warrant. In this article, we will try to provide some clarification.

There are five common types of warrants used in the criminal justice system. These are:

1. an arrest warrant,
2. a search warrant,
3. a bench warrant,
4. an extradition warrant (sometimes referred to as a governor’s warrant), and
5. an alias warrant.

For general information purposes, the term “warrant” refers to an order that allows or directs a person to take some type of action. The order most often comes from a judge (in the form of a court order) and directs a police officer or law enforcement to act in some way.

1. Arrest warrants

A judge issues an arrest warrant upon a showing of probable cause that you were engaged in criminal activity or committed a criminal offense outside the presence of a police officer.

According to the criminal laws of most states, judges issue arrest warrants based on:

• evidence presented to them by a peace officer and/or a District Attorney, or
• following a grand jury indictment.

Once an officer receives an arrest warrant, the officer usually must execute it and make an arrest.¹ If the officer willfully fails to do so, the officer may be prosecuted for “contempt of court.”²

If there is already an outstanding warrant for your arrest, a criminal defense lawyer can take steps to try to prevent you from remaining in police custody (upon a lawful arrest). For example, an attorney can accompany you to court and request that a judge release you:

• on bail, or
• on his/her own recognizance.

2. Search warrants

A search warrant is a court order that allows law enforcement to search a particular place for evidence of a crime.

If the search discovers evidence, the police can seize it so prosecutors can use it in the defendant’s criminal case.³

Note that, to issue a search warrant, a judge must have probable cause that the locations to be searched contain evidence or fruits of criminal activity.

Note that the Fourth Amendment protects you from unreasonable searches and seizures. An unreasonable search and seizure is one executed without:

• a lawful search warrant, or
• probable cause that the place to be searched contains evidence of a crime.

But not all legal searches require a search warrant.

If a search was illegal, any evidence found can be suppressed and excluded from your trial.

Please keep in mind that a criminal defense attorney can help clients challenge a search warrant by filing a motion to “quash and traverse” the warrant. The motion essentially questions the affidavit that served as the basis for the issuance of the search warrant.⁴

3. Bench warrants

A bench warrant in most states is a court order that instructs law enforcement personnel to detain you and hold you in custody until you can be brought before a judge to answer for defying a court order.

The warrant is often issued after you:

• fail to appear for a scheduled court date, or
• commit a probation violation.

Once brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

If you are subject to a bench warrant, you can attend a bench warrant hearing to try and recall or quash the warrant. You usually have the right to be represented by a defense lawyer at these court hearings.

Most state courts will not recall or drop an outstanding warrant on their own. Further, bench warrants do not expire after a certain amount of time. They usually remain in effect until the person subject to the warrant dies.

4. Extradition warrants

An extradition warrant is a warrant issued for the arrest of an accused fugitive. An accused fugitive is a person that commits a specific crime in one state, but then leaves that state.

If you are arrested in another jurisdiction, you are usually extradited back to the state where you committed an offense to face justice proceedings.

In most states, the Governor of the state issues an extradition warrant after receiving an application to extradite. “Extradition” itself refers to the legal process of transporting suspected or convicted criminals from one state to another.

5. Alias warrants

A judge usually issues an alias warrant when you fail to either:

1. appear in court for a scheduled court date before any plea has been entered, or
2. respond to a citation in person or by mail.

Alias warrants usually arise if you violate your promise to appear in court for a matter.

Note that when a court issues a summons (or an order to appear in court), usually for misdemeanor charges, you are required to sign an agreement to appear in court at the designated time.

For example, if you sign a traffic citation, this counts as your promise to appear in court.

If you break your promise and do not appear, a judge will issue an alias warrant.