How many types of warrants

While you should not avoid the warrant forever, having a criminal defense attorney on your speed dial will enable you to immediately contact that attorney if and when the arrest warrant is executed. If an officer approaches you to arrest you under the authority of the arrest warrant, be compliant. Do not resist.

Resisting an officer can result in additional charges. A search warrant permits the police to search a place or item that is owned or inhabited by you, usually your residence.

While a search warrant is focused on inanimate objects or places, it may lead to probable cause to arrest you for a crime. In order to obtain a search warrant, the police generally first conduct an investigation. Similar to the arrest warrant, the investigation will be launched after either a complaint is made or the police become aware of a criminal enterprise. After gathering enough facts to generate probable cause, the police will request a search warrant from a judge.

A request for search warrant will be made only when the police have reason to believe that specific contraband will be found inside a storage compartment, car or building that you have dominion and control over.

Similar to the arrest warrant, the search warrant form requires the requesting officer to write an affidavit that describes with some particularity what he or she expects to find and why. The affidavit must state facts and other circumstances that would lead a reasonable person to believe that illegal contraband will be found. The search warrant affidavit will include information about the place to be searched, such as whether it is a location, vehicle or object. The affidavit will also include the officer's information, such as name, badge number, and precinct.

The officer will present the affidavit to a neutral magistrate judge. If the magistrate judge believes there is probable cause, the judge will sign the warrant. The warrant may include restrictions or limitations on its execution. For instance, the warrant can restrict the search to only daytime hours or may restrict the length of time the police have to execute the warrant. After the warrant has been signed, the police then have the authority to search the premises.

The police must first knock and announce themselves. After waiting a reasonable amount of time, they may then break down the door and enter if you do not let them in.

Any illegal contraband inside can thereafter be confiscated and used as the basis for any charges against you. Because you are the owner of the place, car or object, you will be the first and main suspect. There are ways to combat the ill effects of an executed search that turns up illegal contraband.

One common and sometimes successful method is to challenge the probable cause basis for the warrant. Another method is to argue that the police did not follow proper protocol when executing the search warrant, such as failing to knock and announce or entering the home after the warrant had expired.

If you win either of these arguments, the illegal contraband may be excluded as evidence or you may have your case dismissed. A bench warrant is a warrant that is issued by a judge when you fail to appear for court.

When you are charged with an offense, you will be arraigned in Circuit Court in the county in which you were arrested. If the arraignment judge decides to release you on personal recognizance or on a cash bond, you will be ordered to sign notice to return for your next court date. This signed notice acts as a binding agreement between you and the court that you will appear for your next hearing.

If you fail to appear, the judge can issue a bench warrant. 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.

A witness warrant never goes out-of-date. The police can use a witness warrant to arrest you at any time. If your witness warrant is from the greater Toronto area, you can turn yourself in at any police service in the Greater Toronto Area. If the person who promised to supervise you during your release doesn't want to be your surety any more, that person can go to court and apply to be removed as your surety.

The application must be in writing. If there is a Canada-wide arrest warrant against you, any police officer in the country can arrest you. If a bench warrant has been issued for your arrest, any police officer in Ontario can arrest you and take you back to where the warrant was issued. But they may not do that.

It depends on how far they would have to travel and how serious the charges against you are. Usually, the police will not take you a long distance for minor charges. For example, they would probably not take you from Toronto to Sudbury on a shoplifting charge.

But they would probably take you that distance if you were charged with attempted murder. If your warrant is from another province for a minor charge, the police who issued the warrant will usually not come to Ontario to get you. Learn about the types of warrants.