21 Mar Everything You Need to Know About Arizona Warrants
Issued by a government entity, warrants give law enforcement the power to act in the name of justice. In Arizona, we have three different types of warrants. Arrest warrants grant law enforcement the right to arrest or detain a person for a crime or for questioning. Search warrants allow law enforcement the right to search private property like homes, cars, or electronic files. Bench warrants give law enforcement the right to jail a person for failing to appear in court or failing to pay fines and fees.
Can Warrants Be Used as Evidence?
Warrants can be used as evidence in a case by either the prosecution or the defense. How warrants are used as evidence will depend on the case, the type of warrant, and what each side is trying to prove.
For example:
- The prosecution might use multiple bench warrants and arrest warrants to prove that a defendant has a history of poor choices, and ask that they be remanded without bail at a hearing.
- The defense might use several failed search warrants to prove that the defendant is being harassed by law enforcement and be able to get a case dismissed.
What Does a Warrant Mean for Your Rights?
Warrants, no matter the kind, give law enforcement the right to infringe on some of your legal rights. However, a warrant does not allow law enforcement to trample on ALL your rights. No matter what type of warrant you are being served, you should notify your lawyer right away.
Arrest Warrants
An arrest warrant gives law enforcement the right to take you into custody. However, it does not give law enforcement the right to bully, threaten, or manhandle you.
Search Warrants
With a search warrant, law enforcement officers have the right to search through only what is stated on the warrant. For example, if the warrant is served to search your home, but not your property, then law enforcement does not have the right to search through any outbuildings like barns or sheds.
Bench Warrants
Essentially an arrest warrant, a bench warrant is specifically for people who miss a court date or fail to pay restitution or fines. Unlike arrest warrants, law enforcement does not typically seek out people named in bench warrants. However, they will detain a person with an outstanding bench warrant if they stop that person for a traffic violation or something similar.
How Can You Find Out If a Warrant Has Been Issued?
There are three ways to know if a warrant has been issued—you can log onto a computer, make a phone call, or find out when the cops come knocking. Active warrants are considered public record in Arizona, so all you have to do is ask. There is a website that will search active cases and warrants for any name specified. You may also call the state and have them check for you.
Can I Ignore a Warrant?
No! That’s a very bad idea. Ignoring a warrant will only make your legal trouble worse. If you find yourself facing a warrant, call your lawyer right away. They can walk you through the process of facing a warrant, and check that the warrant is valid and has the correct information. The information that needs to be included in a warrant is very specific, and any inaccuracies could help your case in the future.
When You Need a Lawyer, You Need the Very Best
Todd Coolidge has over 25 years of experience working defending cases in Arizona. With an exceptional track record and an unwavering commitment to our clients, Coolidge Law Firm is the right choice when you need a criminal defense attorney. If there is a warrant in your name, contact us today for a consultation.
Images used under creative commons licence – commercial use (3/21/24). Photo by Arisa Chattasa on Unsplash