Do you wonder what happens after a warrant is issued? Having an arrest warrant issued for you is a terrifying and perplexing experience. There may be widespread confusion about what to do in the immediate future.
Depending on the nature of the warrant, the jurisdiction in which what happens after a warrant is issued, and the actions taken by law enforcement, the procedure that follows the issuance of an arrest warrant can vary.
In this post, we’ll discuss what can go wrong when an arrest warrant is issued, what you can do to clear your name, and what to expect if you’re ever apprehended.
The Different Types of Warrants
If you want to know what happens after a warrant is issued, it’s necessary to look at the different types of warrants first. Arrest warrants, bench warrants, and search warrants are the three most common types of warrants issued by a court.
A judge or magistrate issues an arrest warrant when probable cause exists to believe a person has committed a crime and the authorities wish to take that person into custody. Usually, the warrant will list the suspect’s name, the crime they’re suspected of committing, and the bail amount, if any.
When a person is expected to appear in court but does not show up, the judge may issue a bench warrant for their arrest. The individual has been ordered arrested and brought before the court to explain their absence.
A search warrant is a court order allowing law enforcement to enter a building or private property to look for evidence of a crime. The warrant will specify the location to be searched, the items or evidence to be seized, and the duration of the search.
How a Warrant is Issued?
In addition to the different types of warrants, knowing the process of warrant issuance is also an integral step in answering what happens after a warrant is issued. The procedure for obtaining a warrant to conduct a search of a property or to make an arrest varies by type of warrant and by jurisdiction.
A law enforcement officer needs “probable cause” to obtain a warrant, which means the officer has reason to believe a crime has been committed and that evidence of the crime is located at a particular location or that a specific person has committed the crime.
A warrant application, including a sworn statement of the facts and circumstances that provide probable cause, must then be submitted to a judge or magistrate. If there is sufficient probable cause, the judge or magistrate will issue the warrant after reviewing the application.
Once a warrant has been issued, law enforcement officers are authorized to carry out the warrant’s stipulations, such as conducting a search or making an arrest. The procedure for issuing a warrant may vary slightly depending on the type of warrant being issued.
What Happens After a Warrant is Issued?
After a warrant has been issued, the police can carry out the searches and make the arrests authorized by the warrant. The type of warrant issued determines what happens after a warrant is issued.
- Search Warrant: Normally, if police have a search warrant, they will go to the address listed on the warrant and search the area for the evidence listed on the warrant. During the search, they have the right to seize any other evidence that is readily accessible.
- Arrest Warrant: When an arrest warrant is issued, police officers will typically seek out and apprehend the wanted individual. They may also conduct a search of the immediate area and the suspect themselves for evidence.
- Bench Warrant: To appear before the court that issued a bench warrant, law enforcement must make an arrest of the person named in the warrant.
Law enforcement officers must always follow the letter of the law when entering a residence. What happens after a warrant is issued includes always knocking and announcing their presence. It is possible to use evidence obtained during the execution of a warrant as proof of criminal activity.
Dealing with What Happens after a Warrant is Issued
If a warrant has been issued for your arrest, you should seek legal counsel without delay. A good first step is to speak with an attorney who can explain the charges, the warrant, and your rights.
In the event of an outstanding arrest warrant, it may be in your best interest to voluntarily turn yourself in to law enforcement rather than wait to be apprehended. If law enforcement has a search warrant, you must comply with their requests and directions while maintaining your rights under the Constitution.
Failure to appear in court as ordered can result in harsher punishments or even new charges. In general, it’s best to take a warrant seriously and consult an attorney to ensure your rights are protected.
Tips on Preventing a Warrant from Being Issued
This blog post has just shown all about the topic of what happens after a warrant is issued. Here are some tips on preventing a warrant from being issued:
- Keep up with any legal proceedings, such as lawsuits, court orders, or administrative hearings, in which you may be involved.
- Verify that your name, address, and phone number are all listed as current in official records.
- Seek legal advice as soon as possible and respond to the notice or summons in a timely manner.
- Avoiding any conduct that could lead to a warrant being issued is the best course of action.
In conclusion, a warrant is a legal document that allows law enforcement officials to take what happens after a warrant is issued, such as searching a property or arresting a person. By taking these tips from Janet McCullar, you can help protect your rights and prevent legal issues from escalating into more serious situations.
FAQs to What Happens after a Warrant is Issued
What are the types of warrants?
There are different types of warrants, including search warrants, arrest warrants, and bench warrants.
What determines what happens after a warrant is issued?
The type of warrant issued and the circumstances surrounding the case determine what happens after a warrant is issued.
What happens after a search warrant is issued?
If a search warrant is issued, law enforcement officials will typically go to the location specified in the warrant and conduct a search for the evidence outlined in the warrant. They may also seize any other evidence that is in plain view during the search.
What happens after an arrest warrant is issued?
If an arrest warrant is issued, law enforcement officials will typically locate and arrest the person named in the warrant. They may also search the person and the immediate area for any evidence related to the crime.
What happens after a bench warrant is issued?
If a bench warrant is issued, law enforcement officials may arrest the person named in the warrant and bring them before the court that issued the warrant.
Can evidence seized during the execution of a warrant be used in court?
If evidence is seized during the execution of a warrant, it may be used in court as evidence in a criminal case.
What should I do to deal with what happens after a warrant is issued?
If a warrant has been issued against you, it is important to take it seriously, seek legal advice as soon as possible, cooperate with law enforcement officials if necessary, attend all court hearings as required, and follow the instructions outlined in the warrant.
What should I do if I receive a legal notice or summons?
If you receive a legal notice or summons, do not ignore it. Address the issue promptly by consulting an attorney and responding to the notice or summons as required.
What can I do to prevent a warrant from being issued against me?
To prevent a warrant from being issued against you, it is important to stay informed about legal issues, keep your contact information up to date, address legal issues promptly, and avoid engaging in any illegal activity.
Can I surrender myself if an arrest warrant has been issued against me?
If an arrest warrant has been issued, it may be in your best interest to surrender yourself to law enforcement officials rather than wait to be arrested.