What Are The Different Types of Warrants?

Search warrant, bench warrant, arrest warrant—there are certainly a lot of warrants out there. You may have heard one or all of these warrants discussed in pop culture or real life, but do you know what each of them are and how they differ?

Generally speaking, a warrant (of any kind) authorizes the police to take certain action. This action can be very broad or limited in its’ scope. Whether a search warrant, bench warrant or arrest warrant– every warrant will list out important specifics such as: the individual to be arrested or searched, the actions allowed to be taken and other parameters. Here’s a look at the purpose behind various types of warrants:

• Search Warrant: A search warrant is a court order that allows Florida police to conduct  a search of an individual, a vehicle or location (i.e. house, office, etc) in search of evidence of a crime. Of course, search warrants are not just granted—the police or prosecution in the case must show that there is probable cause to warrant the search in the first place. If the police exceed the parameters of the search warrant or otherwise violate the rights of the individual, then there are constitutional issues via your fourth amendment rights that a good defense attorney will always bring to the attention of the court.
• Bench Warrant: Bench warrants are issued by a judge when an individual violates a court order. Failure to appear and probation violations are the two most common reasons for issuing a bench warrant. The purpose behind a bench warrant is simple—bring the individual before the court to answer questions regarding his or her violation. In Florida, bench warrants are issued for both felony and misdemeanor cases and typically result in additional punishments.
• Arrest Warrant: Unlike a bench warrant, an arrest warrant is started by the police officer in the case rather than the judge. If the judge finds that there is the requisite level of cause (probable cause) to arrest an individual then the warrant will be issued and police will begin looking in possible locations to find and arrest the individual. An outstanding arrest warrant is one in which the police have not been able to locate the individual.

As you can see, there are similarities and differences between the various types of Florida warrants. One thing they all have in common is the embarrassment that can accompany a public arrest or search. Trust us, it is no fun. Because court documents list your home and work addresses (in addition to other personal information), it is pretty easy for the police to locate you.

The attorneys at Finnenbloom & Haenel P.A. can help you with warrant issues.  We have dealt with the Florida police and court system for years and know the best arguments to present to protect your rights. Give us a call today for a free consultation. We look forward to hearing from you soon!