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Warrants
Warrants
There are two main types of warrants: (1) warrants for the arrest of a person and (2) warrants to search for personal property, persons, or items.
Arrest Warrants
Arrest warrants are issued to police when a judge is presented with a sworn statement to establish a reasonable belief that a person has committed a crime.
Judges from any court may issue a warrant – Superior, Municipal or Justice Court. Warrants for arrest may also be issued by courts from other states or federal agencies.
An arrest warrant stays in effect until the individual is arrested or appears before the court to address the warrant. An arrest warrant can only “quashed or cancelled” by a judicial officer out of the jurisdiction where the warrant arose. A prosecutor can request a warrant be issued, but cannot quash or remove it without order of the court.
Bench Warrants
Bench warrants are issued from a court by a judge, magistrate, commissioner, or justice of the peace.
Bench warrants are typically issued when a defendant fails to appear for a court appearance or fails to comply with a court order and may result in an arrest warrant for the defendant. In addition, an arrest warrant may be issued for a defendant who fails to pay court-ordered restitution.
A.R.S. § 13-810
.
Defendants can be physically arrested by a police officer once the warrant is issued. They will see judicial officer within 24 hours and release conditions, including bond, will be considered.
If you have a pending bench warrant, you may want to contact the issuing court or an attorney to consider your options.
Search Warrants
Search warrants are written orders in the name of “the State of Arizona,” signed by a magistrate (judge or judicial officer) upon a finding a probable cause, authorizing the police to search for personal property, persons, or items. A.R.S. §§
13-3911
to
13-3925.
If a judge agrees that probable cause for the warrant exists, a search warrant can be issued to command a search by any police officer of the person or place specified, for the items described in the warrant.
A.R.S. § 13-3915.
A search warrant is different from an arrest warrant. However, if evidence of a crime is uncovered during the search, it may lead to an arrest.
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