On TV the serving of a warrant is always dramatic. Weapons drawn, cops gather at the criminal's door. With a bang, they kick the door open, muscle the bad guy into submission, clamp on the cuffs and shout, "We have a warrant for your arrest," before marching him off to jail. It makes for good TV, but what exactly is a warrant?
A warrant is an order from a judge or the court. In California there are two kinds of warrants: arrest warrants and bench warrants.
- An arrest warrant orders the arrest or detention of a person suspected of criminal activity. Arrest warrants are given to the police for execution. Arrest warrants are generally issued after a Grand Jury indictment. But they can be requested by and issued to law enforcement officers when there is reasonable suspicion of criminal activity. Generally, a criminal isn't aware that an arrest warrant has been issued until police arrive at his door to snap on the cuffs.
- A bench warrant is an order for the immediate arrest of a person. A bench warrant is the most common type of warrant issued in California. Typically issued by a judge during an active court session (i.e., from the bench), bench warrants are most often issued for failure to appear in court on a scheduled date or for failing to obey the judge's instructions. Bench warrants may be issued if the defendant fails to appear in court after receiving a police citation, fails to show proof of progress or completion of community service ordered by the court, fails to pay a fine, or fails to appear for sentencing or conviction after a plea or trial.
-Legal Pro
