What Is a Warrant in Arizona?

At Sheldora Law Firm, we understand how stressful and confusing it can be to find out there is a warrant out for your arrest. Whether it’s due to missing a court date or being accused of a crime, warrants can lead to serious legal consequences if not handled quickly and properly. A warrant gives law enforcement the authority to arrest you or search your property, depending on the type of warrant issued. Knowing your rights and how to address the situation is crucial in protecting yourself and resolving the matter.

In Arizona, there are different types of warrants, each serving a specific purpose. The most common types are arrest warrants, bench warrants, and search warrants. Each has its own legal processes, but all require immediate attention to avoid further legal trouble.

Types of Warrants in Arizona

There are several types of warrants that might be issued by a court in Arizona, depending on the circumstances. Understanding the differences is the first step in addressing your situation.

• Arrest Warrants (A.R.S. § 13-3907): An arrest warrant is issued by a judge when there is probable cause to believe that you’ve committed a crime. This type of warrant gives law enforcement the authority to arrest you and take you into custody. An arrest warrant can be issued for any criminal offense, from misdemeanors to serious felonies. If you become aware of an arrest warrant, it’s critical to seek legal advice immediately.
• Bench Warrants (A.R.S. § 13-2506): A bench warrant is often issued when someone fails to appear in court as required, violates probation, or fails to pay fines. The term “bench” refers to the judge’s seat in the courtroom. A bench warrant authorizes the police to arrest you on sight, and you can be taken directly to jail without the chance to explain yourself beforehand. Missing a court date or violating court orders may seem minor, but a bench warrant can have serious consequences, including additional penalties.
• Search Warrants (A.R.S. § 13-3911): A search warrant allows law enforcement to search your property for evidence related to a crime. The warrant must specify the location to be searched and what authorities are looking for. If law enforcement searches your home, vehicle, or business without a valid warrant or if they exceed the scope of the warrant, this could be a violation of your constitutional rights.

What Happens When a Warrant Is Issued?

When a warrant is issued, the court has authorized law enforcement to take certain actions, such as arresting you or searching your property. Here’s what you can expect for each type of warrant:

• Arrest Warrants: If an arrest warrant is issued, police officers will actively look for you to place you under arrest. In some cases, you may not even be aware of the warrant until the arrest occurs. Once arrested, you will be taken to jail, where you may have to post bail to be released while awaiting your court hearing.
• Bench Warrants: For bench warrants, the police may not immediately come looking for you. However, if you are stopped for any reason, such as a traffic violation, the warrant will show up, and you will be arrested on the spot. You may also be subject to additional penalties for failing to appear in court or violating other court orders.
• Search Warrants: When a search warrant is issued, law enforcement is allowed to search the specific location outlined in the warrant, such as your home or business. They may confiscate any evidence they find that is related to the crime. If they seize any property not listed in the warrant or search areas outside the scope of the warrant, this could be grounds for challenging the search.

How to Address an Outstanding Warrant

If you find out that there is a warrant out for your arrest, it’s essential to take action as soon as possible. Ignoring the warrant won’t make it go away, and you could be arrested at any time. Here’s what to do if you have an outstanding warrant:

• Contact an Attorney: At Sheldora Law Firm, we can help you understand the warrant, advise you on your next steps, and work to resolve the matter as quickly and efficiently as possible. Whether it’s an arrest warrant or a bench warrant, having an experienced attorney on your side can make all the difference in how your case proceeds.
• Turn Yourself In: In some cases, it may be beneficial to turn yourself in rather than waiting to be arrested. This can show the court that you are taking responsibility and may help reduce the severity of penalties. Before doing so, it’s important to speak with a lawyer who can help you understand the process and negotiate the terms of your release.
• Request a Hearing: If a bench warrant has been issued due to missing a court date, we can help you request a hearing to explain your absence. The court may recall the warrant if you had a valid reason for missing court, such as an emergency or illness.
• Challenge the Warrant: In some cases, it may be possible to challenge the legality of the warrant. If the warrant was issued without probable cause or violates your constitutional rights, we can work to get the warrant dismissed and any related charges dropped.

Defenses Against Warrants

At Sheldora Law Firm, we’re committed to helping our clients fight against unjust warrants and protect their rights. Depending on the circumstances, we can explore various defenses, such as:

• Lack of Probable Cause: For an arrest or search warrant to be valid, there must be probable cause. If the warrant was issued based on insufficient evidence, we can challenge its legality.
• Unlawful Search and Seizure: The Fourth Amendment protects you from unlawful searches and seizures. If law enforcement conducted a search without a proper warrant or exceeded the scope of the warrant, we can argue that the evidence obtained should be excluded from the case.
• Mistaken Identity: In some cases, warrants are issued based on mistaken identity. We will investigate to ensure that the right person has been charged and fight to clear up any confusion.
• Failure to Serve Proper Notice: If you were not properly notified about a court appearance, we can argue that the bench warrant was unjustly issued. Courts must follow specific procedures to inform individuals of their required court appearances.

Why You Need Legal Representation for Warrants

Dealing with a warrant is stressful, and navigating the legal system on your own can be overwhelming. At Sheldora Law Firm, we have experience handling all types of warrants and are ready to help you take the necessary steps to resolve the issue. Whether it’s an arrest warrant, bench warrant, or search warrant, we will provide you with the legal guidance you need to protect your rights and minimize the impact on your life.

We will review the details of your case, help you understand the warrant, and develop a plan to address the issue in the best possible way. Our goal is to resolve the matter efficiently and with as little disruption to your life as possible.

Conclusion

If you’re facing an arrest, bench, or search warrant, it’s critical to act quickly. Ignoring a warrant can lead to additional penalties, arrests, and complications down the line. At Sheldora Law Firm, we are dedicated to helping you navigate this complex process and defending your rights every step of the way.

Contact us today to schedule a consultation. We’ll review your case, explain your options, and work with you to resolve the warrant as efficiently as possible.