The legal system is based upon a number of variables, one of them being the existence for which warrants are in place for. “Criminal warrants” are issued by courts for a variety of reasons, each of them being a court order that the criminal must take action in response to. In the following category, we take a closer look at the presence of “criminal warrants” in the criminal justice system and what the most common types of court orders are.
Previous to defining what kinds exist, and how this relates to the criminal justice system; it is first, necessary to have a working definition of what a warrant is. Basically, these court orders are authorization for a certain legal action to be put forth by law enforcement, from a court. In some cases, in which a legal thread is necessary between law enforcement and a potential criminal, a court order must be enacted. The call to action may come from a member of the court or law enforcement, but in either case, the only entity that can put forth such an order is a court judge or magistrate.
There are three basic kinds of these court orders in the criminal justice system-though an order of this kind can really be filed for any specific reason, as a court deems fit. It is with the three most commonly appropriated types of “criminal warrants” that we are most concerned, as they are most prevalent. The first type is what is called an “arrest warrant”. A court order of this kind is an order that a member of law enforcement is authorized to arrest a certain individual for a certain crime. Most often, the manner in which an arrest order comes about is that an officer at the scene of a crime has gathered enough evidence that a person may be guilty of the said crime, in their police report; that they think an arrest is reasonable. The crime, for which the intended arrest should be made, however, is more serious than what allows their standard jurisdictional arrest; so, the officer, in turn, submits his/her police report to a jurisdictional court judge or magistrate for review. The court will review the information contained therein in order to decide if there is-in fact-enough evidence to link the offender with the crime. If there is, he/she will authorize an arrest order for the immediate arrest of the individual.
The second type of common court orders ordered in the criminal justice system is the bench warrant. A court order of this kind is more general in the reason for its action. A bench order is ordered directly from a court processing a particular individual involved in a court case. These entities can be offenders, plaintiffs, witnesses, or any other individual necessary to the court processing of a case. Common reasons for a court to order a bench authorization for a person’s arrest are if the person failed to show up for a court date to offer testimony, be tried, or any other action that required that they be there. Moreover, bench court orders work hand in hand with being found in contempt of court in that a person shows a blatant disregard and disrespect for the court, in either case, and they-in turn-are most often given a bench order and/or held in contempt of court-which carries with it, its own penalty.
Lastly, a search warrant is another very commonly ordered type of court order, as dictated by a court. Typically, a search authorization-most often equated with a search and seizure court order-is when a member of law enforcement decides that there is enough reason to believe that there is vital evidence at a person’s home, apartment, business, or in their vehicle-basically any place that houses an offender’s belongings-to make a court case purposeful. So, they request a court to review the details that the police has put together on an offender, and if the judge or magistrate determines that the likelihood of the police finding evidence pertinent to a court case is good, they will authorize a search of the premises and a seizure of all applicable evidence available in the offender’s belongings.