All three types of warrants – bench warrants, arrest warrants, and search warrants –  have important differences, and each requires a specific response. In reality, many defendants do not know that there are different types of warrants, each with unique rules and used for a specific purpose. Our lawyers can explain the differences between the types of warrants in Philadelphia and how they might affect you.

Bench warrants are issued by judges, typically for failure to appear in court. Search and arrest warrants are also issued by judges. Still, they are requested by law enforcement officers who have probable cause to believe your property contains evidence of a crime or probable cause that a crime occurred and you committed it. Despite the differences among the types of warrants, there are similarities worth noting.

For a free case assessment from our Delaware County, PA criminal defense attorneys, call the Liberty Law Team at (215) 709-7431.

What Should You Know About Bench Warrants in Philadelphia?

The first type of warrant that can be issued is a bench warrant. Unlike arrest and search warrants, which police apply for, bench warrants are issued by a judge at their discretion.

Why Bench Warrants Are Issued

The primary reason bench warrants are issued is that a defendant fails to appear at a criminal proceeding when required. A judge can also issue a bench warrant if you fail to pay court fines and fees on time, violate probation or parole terms, fail to make child support payments, or do not show up for court when subpoenaed as a witness, among other situations.

How Bench Warrants Are Executed

Once a judge has issued a bench warrant against you, the police can technically arrest you at any time. However, they are unlikely to seek you out for arrest. Instead, the most likely time for your arrest on a bench warrant is during a routine traffic stop when an officer conducts a warrant search in your name. If a bench warrant is issued, the officer will arrest you and transfer you to the proper jurisdiction.

How to Handle a Bench Warrant

The best way to deal with a bench warrant is to handle it before you get arrested. That said, it is not always a good idea to turn yourself in, especially not before consulting with an experienced attorney. Our Philadelphia criminal defense lawyers can review the reason for the warrant’s issuance and help you handle the next steps.

How Our Lawyers Can Help

If you are arrested because of a bench warrant, we can immediately contact the court and the prosecutor’s office on your behalf. We may negotiate a situation in which you can surrender yourself and address the warrant without being arrested. Then, we can work to convince the judge to quash the warrant without imposing further penalties or revoking bail for the remainder of your trial.

What Should You Know About Arrest Warrants in Philadelphia?

Though both bench warrants and arrest warrants can end in arrest, they are sought, issued, and executed differently.

Why Arrest Warrants Are Issued

An arrest warrant is something the police request from a judge when they believe they have sufficient evidence to arrest someone for a crime. Law enforcement needs probable cause that a crime happened and that a specific individual committed it to obtain an arrest warrant from a judge.

How Arrest Warrants Are Executed

Another major difference between bench warrants and arrest warrants is that police will usually act immediately on an arrest warrant. As soon as the arrest warrant is issued, law enforcement may execute it by coming to your home, place of work, or wherever you are to arrest you. When law enforcement has a warrant for your arrest, they will not wait around until you get pulled over for a traffic violation, as is often the case with bench warrants.

How to Handle an Arrest Warrant

If you are made aware of a warrant for your arrest, you should consult our Philadelphia criminal defense lawyers immediately. Voluntarily surrendering may help your case and speed up its resolution, but this is not something you should do without confirming with our lawyers that it is the best step to take.

You should not ignore an arrest warrant and hope it goes away. There is no expiration date on arrest warrants, so do not think one from many years ago cannot affect you or lead to your arrest today.

How Our Lawyers Can Help

As soon as you are arrested, you or a loved one should reach out to an experienced criminal defense attorney, such as those at The Liberty Law Team. Our Philadelphia bail hearing attorneys can work to get you released from custody quickly and return home as soon as possible. We can then turn our attention to the underlying charges and make a plan to get them downgraded or dismissed.

What Should You Know About Search Warrants in Philadelphia?

You have most likely also heard of search warrants, which differ substantially from arrest and bench warrants in purpose.

Why Search Warrants Are Issued

Much like an arrest warrant, law enforcement officers apply for a search warrant from a judge, who can grant or deny it. The officers will usually apply for a search warrant when they believe that there is evidence in the defendant’s home, place of business, or somewhere else under the defendant’s control, such as the car in a DUI case. The standard of proof for search warrants is probable cause, the same standard of proof for arrest warrants.

How Search Warrants Are Executed

Police officers typically execute search warrants during the day and may need special judicial approval to perform a nighttime search. Unless there is a no-knock exception on a specific warrant, officers must knock on the front door and explain why they are there before entering a property.

When executing a search warrant, officers must stay within the warrant’s very specific scope. However, defendants should know that evidence outside of the scope might be admissible if it is clear view when officers perform the search.

How to Handle a Search Warrant

If the police show up with a search warrant, you will have to allow them to search your home or whatever property under your control the warrant allows them to search. Do not try to stop them from entering, as that could lead to an additional charge.

While you shouldn’t try to impede the search, you should contact an attorney right away, as we will want to review the warrant to ensure it has been properly issued and executed.

How Our Lawyers Can Help

Judges typically issue warrants for only a limited scope of time and area. Sometimes the police will exceed that scope and search in places not permitted by the warrant. The police cannot, for example, look in a small jewelry box if the item they are searching for is a large gun. In this kind of scenario, our lawyers will file a motion to bar any evidence obtained from an illegal or overbroad search from being used against you in a criminal case.

Do Police Officers Always Need a Warrant to Search Your Property?

In certain exigent circumstances, the police can search your private property without a warrant. Otherwise, they cannot conduct a warrantless search unless you consent. If officers arrive at your home or business without a warrant and ask for your consent to search, you should not consent; instead, call our lawyers and alert us about the attempt.

Do Police Officers Always Need a Warrant to Make an Arrest?

While some arrests can occur without a warrant if the officer has probable cause, such as when the officer personally witnesses a crime, like vandalism, being committed, most arrests require a warrant issued by a judge. If the judge reviews the officer’s application and finds probable cause, they will issue an arrest warrant for the individual.

Do Bench Warrants Ever Expire in Philadelphia?

Bench warrants never expire, so you can be arrested many years after yours is issued. Furthermore, most counties and states share warrant information, so you may be picked up on a warrant even outside the state or county where it was issued.

Do Arrest Warrants Ever Expire?

Like bench warrants, arrest warrants do not expire. The statute of limitations no longer matters once an arrest warrant is issued, so it cannot expire and shield you from prosecution, no matter how much time passes.

Do Search Warrants Ever Expire?

Unlike bench and arrest warrants, search warrants do expire. If law enforcement does not conduct the search within 2 days of the warrant’s issuance, the warrant expires, and they must apply for another warrant to complete the search, with rare exceptions.

What Are Some Similarities Between the Different Kinds of Warrants in Philadelphia?

One of the main similarities between bench warrants, search warrants, and arrest warrants is who has the authority to issue them. A judge must approve and sign off on all search warrants and arrest warrants for them to be legally executed during a criminal investigation. A judge does not need probable cause to issue a bench warrant, but does need probable cause to grant a search or arrest warrant.

If You Are Dealing with a Warrant, Call Our Skilled Philadelphia Criminal Defense Attorneys Today

Call the Upper Darby, PA criminal defense attorneys of the Liberty Law Team today at (215) 709-7431 for your free case review.