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Warrants
Other Types of Arrest/Bench Warrants
Failure to Appear
If a defendant who does not appear for a previously ordered court hearing, bench warrants are issued. Because of this “Failure to Appear,” the judge may authorize police to make an arrest of the individual listed on the warrant. Failure to appear can also result in a new criminal charge filed by the prosecutor.
Child Support Arrest Warrant
A child support arrest warrant is issued if a person fails to appear as ordered by the court, and the court confirmed that the person had received actual notice of the order to appear including a warning that the failure to appear might result in the issuance of a child support arrest warrant.
A child support arrest warrant is an order issued by a judge in a noncriminal child support matter. A.R.S. §§ 25-681 and 25-682. The warrant directs an officer to arrest the person named in the warrant and bring the person before the court. The court will determine, and the warrant will include the amount the arrested person must pay to be released from custody.
Fiduciary Arrest Warrant
Fiduciary arrest warrants may be issued to enforce court action in a probate, guardianship, conservatorship case or an estate action. A.R.S. Title 14, Title 41, chapter 4, article 1.
Fiduciary arrest warrants may be filed on motion by a party or on the court’s own motion, if a person failed to appear who was ordered by the court to appear personally at a specific time and location, and the person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a fiduciary arrest warrant. A.R.S. § 14-5701.
The warrant is ordered by the court and issued by the court’s clerk’s office and includes a reasonable bond amount to guarantee the appearance of the arrested person. Police acting on a fiduciary arrest warrant has the same powers as if acting on a criminal arrest warrant.
Probation Violation Warrant
If a defendant on probation commits an additional offense or violates a condition of their probation, the court may issue a warrant for re-arrest. A.R.S. § 13-901.
When the defendant is re-arrested, if after a probation revocation hearing with defendant represented by counsel, the court may modify or add to the conditions of probation, or may revoke probation. If the court revokes probation, and the defendant is on probation for more than one offense, the judge can revoke the person to prison on all or some of the offenses.
Parole Violation Warrant
If a person on community supervision or parole commits an additional offense or violates a condition of their parole, a warrant may be issued for returning the person to prison. A.R.S. §§ 31-415 and 31-416.
The warrant may be issued by the parole clerk of the Department of Corrections, or the Director of the Department of Corrections, or the Board of Executive Clemency based on reasonable cause to believe the person has violated their parole or community supervision. The warrant will include the date of expiration of the person’s maximum sentence or term of community supervision.
The Arizona Department of Juvenile Corrections may issue an arrest warrant when the agency has probable cause to believe that the juvenile has violated a term of conditional liberty (parole). A.R.S. § 41-2819.
Civil Arrest Warrant
Superior and Justice Courts may issue civil arrest warrants when an individual has failed to appear as directed by a court order (such as at a judgment debtor exam) or as ordered by a subpoena. ARCP 64.1; JCRCP 145.
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