Why a Warrant is issued

According to Utah courts, a warrant is “a written order issued and signed by a judge or magistrate which allows the police to search a place and seize specified items found there […] or to arrest or detain a specified person […]. There are different types of warrants issued by a judge and not all will result in an individual being arrested.

Bench Warrant

Photo by: West Midlands Police

Photo by: West Midlands Police

A bench warrant a type of warrant that is issued by the judge so that the individual can be located, arrested, and appear before the judge and explain why they:

• Didn’t show up to court. When someone is facing charges, they are required to show up to court on a set date to discuss the charges in front of a judge. If they aren’t put in jail initially or if they are out on bail, they may take the temporary freedom too lightly and either forget or choose not to show up when that date comes. When this happens, a bench warrant will be issued for failure to appear in court.

• Violated a court order. If an individual violates an order issued by the court or violates their probation, then a bench warrant can be issued for their arrest.

• Failed to pay their fines. Any fine related to a charge or ticket must be paid by the required date. If a person fails to pay their fines on time, this is another reason why a bench warrant will be issued for their arrest.

Arrest warrant

Just like a bench warrant, an arrest warrant gives law enforcement the right to detain a person and take them to jail until they can be seen by a judge. This is usually the case for individuals who are suspects in a crime.

Search Warrant

A search warrant is very different from a bench or arrest warrant as it doesn’t always end in an individual being arrested. A search warrant merely gives law enforcement the right to search a certain location.

Defense counsel

If a warrant is issued for a person’s arrest, it is wise to immediately seek a criminal defense attorney to represent the individual in court. Likewise, if a search warrant turns up anything that would result in criminal charges, defensive counsel is recommended.