It can be scary to have law enforcement officers approach you for any reason, whether walking up to you at your home or stopping you in your vehicle.
A warrant is something that is designed to protect the citizens of the country from having their person or property illegally searched or seized.
In fact, the 4th Amendment to the Constitution gives the direction that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Warrants and Probable Cause
This term in the constitution is very important for you if you are facing police charges. Probable cause is what allows police to search or seize your property, and they have to have a warrant.
Probable cause just means a good reason. Now, whether or not there was a good reason must be debated in court. If a police officer has a warrant, it means he has the right to search or seize whatever the warrant says he may.
In addition, you can and should ask to see the warrant. Until you see a warrant, however, you are allowed to say no to searches and seizures.
Types of Warrants
Arrest warrants are issued when there is concrete evidence that a particular crime was committed by a particular individual. If an arrest warrant is issued, it usually authorizes the arrest and imprisonment of the individual.
However, there are times when people fail to show up in court even though he or she is being charged with a petty crime. In that case, an arrest warrant may be issued for failing to show up in court.
A search warrant has to be court ordered by a judge. It permits police to search your home or other property for evidence of a crime. They can also confiscate any evidence they have found.
Because search warrants take time to obtain, you can be sure a police officer who is asking to search or see your home or other property doesn’t have a warrant.
This type of warrant is simply the legal means to implement the death penalty on an individual tried and convicted of a crime deserving the death penalty.
Bench warrants can be issued in civil or criminal court cases and they are issued normally on-sight and instantly. They are often issued to people in contempt of court for not appearing. You could get a bench warrant if you fail to appear at your court date out of fear of what will happen.
Once a bench warrant is issued against you, you can easily be stopped by police and put in jail until your hearing. And if you’ve been issued a bench warrant, you will likely be denied bail because you are considered a flight risk.
Having a warrant in your name can be scary. The best thing you can do for yourself in this situation is to comply with police officers in your arrest or search. Do not say anything to police, and call an experienced criminal defense attorney immediately. Call my office today.