What are the different types of warrants?
In the legal system, a warrant is an important court-issued legal document that authorizes law enforcement agencies to perform certain actions. However, there is a lot of confusion regarding the different types of warrants. Several common types of warrants are used in the criminal justice system. In this article, we will provide the most accurate explanations for each of them.
Our law firm is ready to handle any issues related to various types of warrants. We offer in-depth expertise in international law, the development of a flexible defense strategy tailored to the client’s individual circumstances, prompt response to threats, and the protection of your rights and reputation.
What is a warrant?
An order is an official document certifying authority, right, or directive in the legal field. The term itself can be used in various branches of law and have different meanings depending on the context: from a warrant for conducting a search to a document confirming an attorney’s authority. However, what remains common to all “orders” is their legal force: the document has a clear form and an established procedure for issuance, which grants the right to perform specific actions or confirms the authority of certain individuals.
An order serves as written confirmation that an official or authorized person has the right to perform certain actions. Without such a document, actions related to violation of private property, restriction of citizens’ rights and freedoms, working with confidential information, etc., may be deemed illegal.
For an individual, the presence of a warrant from the relevant authorities is a guarantee that the actions of the state towards them are carried out within the framework of the law and are overseen by a court or another authorized body. The presence of a warrant helps clearly regulate who, when, and under what conditions can initiate and carry out a particular legal action (search, arrest, trial, etc.).
In most legal systems, the issuance of warrants for searches, arrests, or other procedural actions falls under the exclusive jurisdiction of the court. This is done to protect citizens from potential abuses by the police and other authorities.
For attorneys, a specific procedure is provided for issuing an attorney’s warrant, without which participation in criminal, civil, or administrative proceedings is impossible. In the case of bank or exchange warrants, these refer to documents that can be issued by a bank, broker, or another commercial entity holding the appropriate license or authorization.
Arrest warrants
An arrest warrant is an official document issued by a court or another authorized body that allows law enforcement agencies to detain a person suspected or accused of committing a crime. This document confirms the existence of sufficient grounds to believe that a specific individual may be involved in a crime and ensures the legality of their detention.
In most legal systems of the world, an arrest warrant is one of the key mechanisms for protecting citizens’ rights: it guarantees that no one will be deprived of liberty arbitrarily, without proper judicial oversight and adherence to established legal procedures.
The court usually issues an arrest warrant if convincing evidence or arguments (witness testimony, operational information, physical evidence, etc.) are presented, indicating that the person is indeed involved in committing a crime. In Anglo-Saxon legal systems, this is called “probable cause.”
Such a warrant may also be issued if the suspect might attempt to evade investigation and trial or leave the country. A warrant may be necessary if there is a risk that the suspect will continue committing crimes, threaten witnesses, or otherwise obstruct justice. If the individual has repeatedly failed to appear when summoned by investigative authorities or the court, and if less severe measures (a travel restriction, bail, house arrest) cannot ensure their appearance, the court may decide to issue an arrest warrant.
An arrest warrant is not issued automatically – police officers or prosecutors submit a request (petition) to the court, stating the reasons why it is necessary to detain a specific individual. The request includes evidence and arguments supporting the claim that the suspect may flee, continue criminal activity, or obstruct the investigation.
The judge (or authorized magistrate) carefully evaluates the submitted materials and checks whether there is sufficient evidence to issue an arrest warrant, as well as whether there are any procedural violations. Once the judge signs the warrant, the document obtains legal force. Law enforcement agencies are granted the right to detain a specific individual and bring them to court or an investigative body. The detained person is brought to the investigator or court, where the question of preventive measures is decided (arrest, bail, house arrest, etc.).
If you have any questions regarding the arrest procedure, it is important to contact professional lawyers. Our company can provide comprehensive support, starting with an analysis of the legal situation and ending with protecting the client’s interests in court and during communication with law enforcement agencies.
Search warrants
A search warrant is an official document granting law enforcement the right to search specific premises, property, or personal belongings. The purpose is to discover and seize evidence related to the investigated crime or establish circumstances significant to the case.
A court may issue a search warrant if the investigation presents convincing arguments that items or documents related to the case being investigated may be located in a specific place. If there is a risk that potential evidence might be concealed, destroyed, or moved, law enforcement authorities petition for the issuance of a warrant.
The order specifies:
- The exact place or address where the search is permitted;
- Items or documents that law enforcement agencies intend to discover and seize;
- The period of time during which the order is active.
Law enforcement agencies are required to act within the parameters specified by the warrant. It is prohibited to conduct a search in premises or personal belongings not listed in the document, as well as to seize items unrelated to the crime under investigation. A search warrant is valid for a specific period of time, after which it expires. Objects or documents seized during the search may be used as physical evidence. However, if they do not confirm guilt or are not related to further investigation, they must be returned to the owner.
Since the decision to issue a warrant is made by the court, it ensures that the search will not be based solely on the subjective opinion of the investigation and will not become a means of pressure. The warrant specifies where, when, and what exactly can be searched. This helps to avoid unwarranted and excessive intrusion into personal life.
Bench warrants
Bench warrant is a specific type of arrest warrant issued in situations where the defendant or witness fails to appear in court as required or does not comply with other court orders (bail conditions, orders to appear before an investigator, etc.). The name comes from the word “bench” (judge’s bench), indicating that the decision is made directly by the judge during a session or in connection with a violation of an order.
If a person who was required to appear by subpoena (the accused, a witness, or a defendant in a civil case) fails to appear without a valid reason, the judge may issue a bench warrant for their compulsory delivery. When a person released on bail violates the conditions (fails to appear at mandatory hearings, does not maintain contact with probation services, goes into hiding), the judge also has the right to issue this warrant.
A bench warrant grants law enforcement the authority to detain a person and bring them to court. Unlike a traditional arrest warrant, which is issued primarily when there are grounds to suspect an individual of committing a crime, a bench warrant is focused on ensuring court attendance or fulfilling court obligations. In some cases, a judge may issue such a warrant directly during a hearing if it becomes clear that someone involved in the proceedings is absent or has intentionally left the court.
After the issuance of a bench warrant, law enforcement agencies gain the legal right to detain the defendant at any time and in any place, up to and including forcible delivery to the courtroom. If the defendant was released on bail, failure to appear in court may result in the bail being revoked, and the entire amount paid being forfeited to the state. Additionally, a new, higher bail may be set, or detention without the possibility of release until trial may be ordered.
If you have learned that a bench warrant has been issued against you, it is important to consult with a lawyer or attorney who can help you navigate the legal situation and suggest the best steps to take. One of the best decisions is to voluntarily appear in court as soon as possible. The judge may consider the fact of your voluntary appearance as a mitigating factor when reviewing the matter of changing preventive measures or imposing penalties. If your failure to appear was caused by objective reasons (serious illness, force majeure circumstances), it is important to provide the relevant evidence (medical certificates, official documents) and explain them to the court.
Alias warrants
Alias warrant is a special type of arrest warrant issued in situations where it is assumed that the wanted person may be using a false name or hiding at unknown addresses. The term “alias” reflects the main difference of such a warrant from a classic one: the suspect or accused deliberately complicates the process of identification and apprehension by changing their name, forging documents, or frequently changing places of residence.
If the investigation has solid grounds to believe that the suspect has obtained a fake ID or officially changed their name in another region or country, a judge may issue an alias warrant. If the person has repeatedly been involved in other criminal cases, gone into hiding, or escaped, the court and police may preemptively consider the risk of them using a false identity and issue a warrant of the corresponding type.
When searching for a fugitive acting under a false name, the police have to compare photographs, biometric data (fingerprints, DNA, data from passport and visa services), and other information that may lead to establishing the true identity.
One of the simplest ways to “change identity” is to obtain a driver’s license under a different name, which is why such documents are subject to thorough verification. Sometimes criminals use the data of deceased people or children who have never received official identification in adulthood.
In some cases, law enforcement officers may publish information about a wanted person in open sources (media, social networks, websites of wanted persons) to attract public attention: relatives, acquaintances, or ordinary citizens can help identify a person hiding under a false name.
When a suspect deliberately hides under a false identity, it is usually considered an aggravating circumstance. The court may impose a stricter penalty for evading justice and falsifying documents. In addition to the charge for the original crime, the fugitive may face new charges related to the use of forged documents, fraud, and other similar acts.
Fugitive warrant
A fugitive warrant is a warrant for arrest intended for individuals who deliberately evade justice by leaving the region or country where charges have been brought against them. If a suspect fails to comply with court requirements (does not appear at hearings, violates bail conditions) and leaves the jurisdiction where the case was initiated, the court may issue this warrant.
After the issuance of a Fugitive warrant, information about the individual and their possible movements may be entered into national and international databases. In some cases, law enforcement agencies publish information about the search in open sources. When a fugitive is located in another country, the law enforcement agencies of that state send an official request for their extradition. In this case, the decision to transfer the individual is made by a court or an authorized body in the country of residence in accordance with local legislation and international agreements.
An important part of law enforcement work is to confirm that the detainee is indeed the person mentioned in the Fugitive warrant. For this, the following may be used:
- Biometric data (fingerprints, DNA);
- Official documents;
- Witness testimony;
- Matching photographs and other identifiers.
FISA Warrant
A FISA order is a special type of judicial authorization provided under the Foreign Intelligence Surveillance Act. It is issued by the special Foreign Intelligence Surveillance Court (FISA Court) for conducting covert surveillance measures, wiretapping, and detaining individuals suspected of terrorism or espionage on behalf of foreign states.
The FISA order allows the National Security Agency, the FBI, and other authorized entities to collect data that may be relevant to the national security of the United States:
- Interception of telephone conversations, electronic correspondence, and text messages;
- Monitoring online activity;
- Installation of hidden listening devices or video surveillance.
FISA orders are issued not by regular courts, but by a specialized Foreign Intelligence Surveillance Court, which operates in secrecy.
Judges appointed by the Chief Justice of the United States review petitions from intelligence and law enforcement agencies in a closed format, without public participation or independent defense on behalf of the subject under surveillance. Any details related to the petition, evidence, and the warrant itself are classified. The person against whom a FISA warrant is issued may not even find out about it unless formal charges are later brought.
European Arrest Warrant
European Arrest Warrant is a legal instrument adopted in the EU that allows member countries to quickly and simplistically transfer suspects or accused individuals of committing crimes from one jurisdiction to another. Introduced in 2004, the European Arrest Warrant replaced traditional extradition procedures within the EU, significantly reducing bureaucracy and case processing times.
Thanks to the mechanism of mutual recognition of court decisions within the EU, lengthy diplomatic agreements characteristic of classical extradition are excluded. If the wanted person voluntarily agrees to the transfer, the time frame can be reduced to 10 days.
Information about the wanted person is entered into the pan-European database (SIS), after which any police service in other EU countries, while checking documents or detaining a person for another reason, will receive a notification about the active warrant. Upon determining that the detainee is wanted under an EAW, the police deliver them to the competent authorities, who verify compliance with formal requirements. Then the court decides whether the person is subject to extradition.
Extradition Warrant
An extradition order is an official request by a state for the surrender of a person accused or convicted of committing a crime, who is located in the territory of another state.
The mechanism of extradition is regulated by both international agreements and the national legislation of states that participate in arrangements for the mutual extradition of criminals. An extradition order formalizes the request for extradition and serves as the legal basis for the detention and subsequent transfer of the wanted person.
After obtaining a warrant, law enforcement agencies can detain the wanted individual. In some cases, this occurs based on temporary arrest at the request of the requesting party before submitting the full set of documents. Further detention of the person is carried out in accordance with the domestic legislation of the country where the individual is detained. If the request is approved, the wanted person is handed over to representatives of the state that initiated the extradition.
Need help with an arrest warrant? Contact us!
Our team of lawyers is capable of significantly simplifying complex legal procedures for you and ensuring effective protection of your interests. Thanks to their experience, deep understanding of international law, and established partnerships in various jurisdictions, our attorneys are ready to take on all legal aspects related to obtaining, enforcing, and appealing orders.
In our firm, experienced attorneys and lawyers work, possessing expertise in both criminal and international law. We know all the nuances of court procedures, understand the specifics of cooperation with law enforcement agencies, and know how to act to achieve the maximum result for the client.
Our company supports clients at all stages: from analyzing the situation and preparing documents to direct representation in courts and assistance with the execution of court decisions. We strive not only to legally protect the client but also to ensure full awareness of all key steps.
In the field of orders, our company provides the following services:
- Legal consultations: analysis of your situation, development of a defense or offensive strategy;
- Document preparation: drafting petitions, complaints, attorney requests to law enforcement agencies, extradition requests;
- Representation: protection of the client’s interests in court, participation in negotiations with counterparties and government authorities;
- Legal audit: risk assessment and consulting for companies and individuals on compliance with international law norms when interacting with authorities of different countries;
- Monitoring and support: assistance at every stage of the case, constant updates on the status and possible solutions.
Contact us right now for an initial consultation to receive professional support and protect your interests anywhere in the world. We will take care of all legal hassles so you can focus on the most important aspects of your life and business. Experienced specialists will make every effort to achieve the best result in the current legal situation.
